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AXH 1003 - HONOURS THESIS
DEPARTMENT OF URBAN AND SOCIAL POLICY Victoria University of Technology
TAKING A FAST TRACK
TO THE DEMISE OF
DEMOCRACY ? s
Deborah Tyler VICTORIA UNIVERSITY OF TECHNOLOGY
3 00 Alicia te Wierik
FTS Student No.: 9100054^^. THESIS 321.809 945 TEW AXH 1003 - HONOURS THESIS
DEPARTMENT OF URBAN AND SOCIAL POLICY Victoria University of Technology
TAKING A FAST TRACK
TO THE DEMISE OF
DEMOCRACY ?
Superviser: Deborah Tyler
Student: Alicia te Wierik
Student No.: 9100054 FTS THESIS 321.809945 TEW 30001008588719 Te Wierik, Alicia Taking a fast track to the demise of democracy? ACKNOWLEDGEMENTS
Grateful acknowledgement is made to many quarters from which assistance and advice were received in the production of this thesis. Particularly from members , staff and volunteers of Save Albert Park, staff of Melbourne Parks and Waterways,
Local Government planning officers and staff of the Department of Urban and Social
Policy at the Victoria University of Technology, Footscray.
Individual appreciation is gratefully recorded to Melbourne newspaper. The Age, for its excellent coverage of issues related to the Albert Park Grand Prix. Also the many other local newspapers within the inner suburbs of Melbourne for providing an insightful perspective of the issues. Additional recognition of gratitude is forwarded to the hundreds of people who shared their opinions and concerns in Letters to the
Editor columns of The Age and other local newspapers.
Special thanks is expressed to Ms Deborah Tyler for providing invaluable support and critical guidance throughout the thesis course. Further thanks to Deborah for planting the seed of this paper. LIST OF CONTENTS
Introduction 1.
Chapter One: Theories of Democracy and Participation 4.
- The Role of the Citizen within Theories of Democracy 7. - The Manufacturing of the Democratic Citizen 10. - Conclusion 14.
Chapter Two: Victoria's Planning System in the Context of Democratic Practice 15.
- Two-Tiered Democratic Style within the Planning System 19. - The Shift ton an Elitist Style of Democracy within the Planning System 21. -Conclusion 21.
Chapter Three: The Elitist Style of Democracy as Practised
by the Kennett Government 23.
Chapter Four: Case Study: The Albert Park Grand Prix 32.
- The Grand Prix Decision as a Non-Participatory Style of
Democracy. 33. - The Response of the Democratic Citizen 35. - Threats to Principles of Democracy 38 - Loss of Participation mechanisms and its Effects on the Democratic Citizen 39.
Conclusion 44
Bibhography
Appendices SYNOPSIS
This thesis investigates different styles of government which accord different opportunities for participation of 'power to the people'. An understanding of democratic theory is thus essential as perspectives on democracy illustrate numerous styles of democratic practice and opportunities for citizen involvement. While an object of this theses is to locate styles of democracy used by modern liberal governments, the focus of the research explores the exercise of responsible citizenship. Democratic behavioural techniques of the citizen are carefully examined both in theory and practice. The case being made is that citizens, accustomed to a participatory style of democratic government, have been trained in the 'arts of participation' to act as a caretaker of both their lives and environment. With a shift in the style of government towards an elitist democratic approach, practised by the
Kennett Government, the responsible citizen, as caretaker, is excluded from government decision-making processes. In response to the closing off of participatory mechanisms in favour of the elitist style of government, the responsible citizen, is turned into a person engaging in acts of civil disobedience in order to maintain his or her vigilance over the lives and environment of his or her community. 1.
Introduction
The election in Victoria of the Kennett Liberal-National Coalition Government in
1992 with a mandate for the financial restoration of a debt-ridden state, heralded a new era of conservative government Prior to the election, Leader of the Liberal-
National Coalition, Mr Jeff Kennett, called on Victorians to accept his offer of a fresh start, seeking the chance to rebuild the state with a new style of government. During the launch of the Liberal-National Coalition campaign, Mr Kennett stated "I reject totally the Labor approach of centralised government" adding that his Government would be more accountable (Forbes, M.., September 25,1994: 15). Ironically, despite undoubted achievements and dramatic administrative reform, power in this state is more centralised than ever before (ibid.).
The 1992 election was won with such force that it provided the Kennett Goverrmient with a large majority of the seats in Parliament, paving the way for a radical reshaping of Victoria. Utilising the advantage of a weakened opposition, the Premier,
Mr Kennett has been able to push through many changes, without significant challenge in Parliament. The Keimett Government has pursued reform in almost every area of State Government jurisdiction and in so doing, has implemented policies and political decisions which have relied upon closed and elitist techniques of goverimient rather than consultation and participatory techniques of government. In response, citizens have labelled the present governing system as a "governance by decree rather than consultation" (Attwood, A., December 3, 1994: Extra 5). The style of government is typical of the elitist democratic mode where opportunities for citizens to participate beyond voting is restricted to seeking positions of leadership
Urban Studies Honours Thesis Department of Urban and Social Policy 2. within politics (Thompson, D.F., 1970: 23). Familiar with a participatory style of governance where citizens' opinions and concerns are welcomed within political decision-making processes, Victorians have been disturbed by the denial of consultation mechanisms previously afforded to them.
The discussion which follows investigates how the citizen understands him or herself
within a democratic system. The focus is essentially on the making of the democratic
citizen to become a kind of 'caretaker' of the interests and values of his or her society.
In understanding a study of the democratic citizen, numerous subsidiary studies
become involved such as opportunities for exercising responsible citizenship via participation and styles of democracy which afford citizens different levels and
avenues for participation. It is useful here to explore both the theoretical and the practical techniques of democracy to gain a broader perspective of citizenship.
An understanding of the theories of democracy leads to an indication of styles of
democracy as practised by government. Chapter One is thus dedicated to a review of
democratic theory and its implications for the citizen. Chapter Two then illustrates practical styles of democratic government as evident in the planning system of
Victoria. The planning system is a useful example in which to study the democratic
styles of government as it involves an obvious practice of government in the interests
of people. Until recently, Victoria's planning system has offered opportunities for
citizen participation within decision-making processes. In this regard, it provides a useful means of investigating the practical nature of citizenship.
Recent changes to the style of democracy practised by government within Victoria's planning system has closed off many of the participatory mechanisms by which
citizens practices the role of 'caretaker'. The case being made in this chapter is that
Urban Studies Honours Thesis Department of Urban and Social Policy 3. citizens have been trained in the 'arts of participation' and have demonstrated their capacity to act as 'caretakers". A shift in the style of democracy practised by government is shown to undermine this capacity.
The shift in the democratic style of government is again highlighted in Chapter 3 and is used to further examine the extent to which participatory democratic values and principles are eroded to the detriment of the citizen's ability to practice his or her trained ability to participate in the affairs of the state. The purpose of this within the
scope of the study can be understood in light of Chapter 4, which provides a specific
case study into the Government's approach to facilitate the Grand Prix event being
held at Albert Park. Chapter 3 provides the necessary foundations for a study into
this issue as it establishes a series of instantiations where the democratically trained
citizen has been left out of decision-making processes. Rendered powerless under a
style of democracy which favours little citizen involvement in the activities of
government, citizens in Chapter 4's case study are shown to engage in actions which
seek to re-employ their capacity to influence politics and ensure the good care-taking
of the social, economic and physical envirormient.
Urban Studies Honours Thesis Department of Urban and Social Policy 4.
Chapter One: Theories of Democracy and Participation
In understanding the concept of democracy as a form of political organisation and subsequently as a state in which society functions it is necessary to define the ideas and practice of democracy. Yet an investigation of democratic theory does not offer a satisfactory statement of the meaning of the concept. Instead, there is a generalised idea that it is "the one form of political organisation designed to accord 'power to the people' thus granting ordinary citizens the greatest opportunity of influencing public decisions" (Maddox, G., 1985: 26). The central ideology of democracy being 'power to the people' does not however, indicate as to how that power may be exercised, nor as to what degree of power people may be afforded (Maddox, G., 1985: 26).
Democracy then, is recognised and exercised in a number of styles. For the Greeks, democracy "was a label for a complex set of institutions, customs, practices and values which were themselves the product of a considerable history" (Maddox, G.,
1985: 26). Democracy has developed through historical experience in what Sartori, in Modern Federalism, coined 'a trial-and-error process' (Sawer, G.F., 1969: 179).
Both the conceptualisation and the exercise of democracy is built on accumulated experience which may not change the central ideological tenets of democracy, but gradually produces alternative styles and methods of practising democracy.
Graham Maddox, author of Australian Democracy - Theory and Practice, has defined the various styles in the following themes: direct democracy; classical democracy; enlightenment democracy; pluralist democracy; revisionist democracy; and participatory democracy. Maddox argues that each of these is a style drawn directly from the Greek democratic tradition and yet formulated around an endless 'trial-and- error' historical process which includes the influence of Christianity, French
Enlightenment, and American pluralism (Maddox, G., 1985: 31-51).
Urban Studies Honours Thesis Department of Urban and Social Policy 5.
Direct democratic theorists favour the greatest possible involvement of all citizens in the political life which affects them. They argue that while leadership is one of the basic factors in the organisation of a democratic society, popular participation by the bulk of the community is the essential element within the practice of democracy.
Thus the most appropriate quality of a leader is the ability to sense what the public want. According to direct democratic theory, political leaders are in a large measure, the followers and interpreters of the public 'will', rather than its 'inventors'
(Thompson, D.F., 1970: 16-17). The direct theory of democracy relies heavily on the autonomous nature of democratic citizens and suggests that "politicians treat citizens as intelligent human beings with a capacity for some emotion" (ibid.) such that citizens will subsequently act according to the ideals of the democratic model.
According to Maddox, democracy originated with the direct democracy introduced by the Greeks in Athens as early as 508 B.C. and developed through to the participatory style of democracy which has flourished largely since the late 1960's (Maddox, G.,
1985: 27, 51). The differing styles he suggests are largely the product of direct democratic theory adapted in relation to the circumstances of the particular era.
Australian democracy derives from direct democratic traditions but in most recent times can be characterised as a participatory democracy, sometimes called 'neo- classical' democracy. Participatory democracy then, is distinguished through its objective of restoring the 'ordinary person' to his or her rightful place of autonomous self-government within the democratic community. Participatory democracy, claims
Maddox, begins by rejecting the assertion of revisionist and elitist democratic theorists, who argue that 'the people' should restrict their involvement in politics to mere voting (Maddox, G., 1985: 51). In this respect participatory democracy is very akin to the direct democratic style.
Urban Studies Honours Thesis Department of Urban and Social Policy 6.
With each style of democracy, the general conditions surrounding approximation to
the ideal has continued to depend as much on "an attitude of mind, on unwritten laws
and customs, which require resolute adherence to the values of freedom, equality and
(community), as on the institutions of the state" (Maddox, G., 1985: 31).
Understanding this, the role of the citizen within a democratic society and the concept
of 'citizenship democracy' emerges as an area of investigation. 'Citizenship' as used
here refers to the present and future capacity of citizens for influencing affairs of the
state (Thompson, D.F., 1970: 2). Theorists specialising in the activities of citizenship
within a democratic framework argue that citizens armed with democratic behavioural
techniques, such as autonomy and responsibility, together with accumulated
experience, are capable of performing as 'caretakers' of their lives and their
communities. Further they argue that training in participation helps to ensure
individuals perform as democratic citizens with attitudes and values which adhere to the unwritten laws of conduct which presuppose the coherent functioning of a
democratic society.
The term 'citizenship' in twentieth-century democratic theory suggest more than the
Greek idea of citizenship in that in modern democratic society, dl individuals are to engage in the activities of citizenship. The Greek origins of citizenship referred to a more restricted group of individuals which included only adult males eligible to give defence service. Women and children, resident aliens and slaves were denied citizenship (Maddox, G., 1985:27). Those eligible to participate in political activities expressed only the views of the collective. In modem democratic society, citizens are given the opportunity to express not only public views, but also the personal interests of individuals and groups (Thompson, D. P., 1970:2).
There are other respects in which the twentieth century sentiment of democracy differs from its classical origins in the Greek model. The modem conception allows
Urban Studies Honours Thesis Department of Urban and Social Policy 7. for less direct involvement since in a large, industrialised state, it is impossible for all citizens to be consulted on the majority of political decisions which have to be made
(Thompson, D.F., 1970:2). Nonetheless the Greek practice of citizenship, which
included forms of participation, discussion and voting persists in many of the
twentieth-century democratic theories. It is the kinds and degrees of democracy
which is the subject of much debate in democracy texts and amongst democratic
theorists (Thompson, D.F., 1970: 2). What is common however to all styles of
democratic governing is that a level of citizenship remains an integral condition of the
democratic system.
The Role of the Citizen within Theories of Democracy
Citizenship democratic theory explores the principle of democratic theory which
asserts citizenship as a feature of democracy. Theorists of citizenship democracy
assert the widest possible interpretation in what is inferred by the democratic idealist
notion of 'power to the people'. Advocating an active involvement of citizens within
the political life of a democratic system, citizenship theorists are concerned with the
capacity of citizens to influence politics. Thompson, in his study of citizen theory,
argues that "it is not necessarily so much a set of political conditions and techniques
as an attitude among citizens that defines the style and nature of democracy"
(Thompson, D.F., 1970: 30). In this perspective, the level of citizens' active
involvement in political life determines the style of democracy and the degree of
'power to the people'.
As a feature of the democratic system, most citizenship theories rely on the
presuppositions of autonomy and improvability of citizens. The presupposition of
autonomy in democratic theory entails that citizens be treated as the best judges of
their own interests. The presupposition of improvability holds that citizens be treated
as capable of showing better political and social judgement than they do at any
Urban Studies Honours Thesis Department of Urban and Social Policy 8. present time (Thompson, D.F., 1970: 10). The presuppositions of autonomy and improvability are thus fundamental conditions and ideals of citizenship within a democratic framework.
While citizenship theorists differ on the origins and foundations of these presuppositions, they all share a common commitment to these fundamental conditions. Scientific citizenship theorists would, for example, ground the presupposition of autonomy on scepticism toward any claim to permanently superior competence on matters about which someone else has more irrmiediate experience.
Religious democratic theorists would found autonomy on a belief in the sacredness of the individual soul or on the sanctity of the inner light of conscience. Humanist democratic theorists would see autonomy as the recognition of moral worth of secular man (Thompson, D.F., 1970: 13). The rationale of theorists' perspectives on the preconditions of democratic citizenship offer an insight into the will of citizens to actively participate in democratic society. Yet their perspectives are only partly useful to the theme of this discussion which explores the practices of a democratic society both through the reliance on a level of citizenship, and through the role of the institutions of the state to maintain the values of democracy.
What are regarded as the true values of democracy are often contested among democratic theorists, who offer instead a scale of democracy according to the level of reliance on the citizen. For the citizenship theorists, values essential to democracy include the autonomous nature of citizens and the ability of citizens to improve their understanding and active role within a democratic society. "Citizenship theory leads naturally to concern for improving conditions under which citizens can more actively govern themselves. Elitist theory leads in contrast to efforts toward improving the quality of leaders and the conditions under which they operate" (Thompson, D.F.,
1970: 24). A deep distrust of citizen's political desires and judgement signals the
Urban Studies Honours Thesis Department of Urban and Social Policy 9. virtual absence of the presuppositions of autonomy in elitist democratic theory.
When autonomy is not to some extent presupposed, participation seems pointless
(Thompson, D.F., 1970: 22, 25). Elitist democratic theory then, with its rejection of the presuppositions of autonomy and improvability denies the capacity of citizens to attain a greater level of involvement in political life. Participatory and citizenship theorists acknowledge the importance of leadership as advocated by elitists, but
dismiss the view that citizens should be limited in their potential to become an
important players within a democratic system utilising their autonomous and
improvable competence.
The strong reliance on citizen autonomy is also apparent in religious citizenship
theory where it is argued that while democracy needs skill and leadership, this must
be combined with a reverence for the common humanity of everyday people. It has
been said by A.D. Lindsay, author of The Modern Democratic State, The Churches
and Democracy, and / Believe in Democracy, "that if the voice of the people is not
quite the voice of God, no one else has a better claim to speak for Him" (Thompson,
D.F., 1970:17), The citizen is thus assumed to be the best judge of what is best for
both the individual and society, subsequently, political leaders are advised by
religious citizenship theorists to treat the opinions of the citizen, especially those of the ordinary man with the utmost respect (Thompson, D.F., 1979: 17).
Humanist citizenship theory also places an importance on the autonomy of the
ordinary citizen, "not only should the ordinary citizen control his governors but he
should participate in governing as well" (Thompson, D.F., 1970:17) For the
humanist, the common man's view is the one which should be most actively sought
for he is 'a man of character rather than intellect' and displays 'consistent loyalty to
believed standards' (Thompson, D.F., 1979:17). It is what the common man aspires
to, not a rationalist set of standards that is important in democracy. As it is a
Urban Studies Honours Thesis Department of Urban and Social Policy 10. commimality among citizenship theorists to presuppose the autonomous nature of the democratic citizen, citizenship theorists also advocate a strong local government within a federal political structure as this is the model which offers the most opportunity for participation (Thompson, D.F., 1970:17-18).
The Manufacturing of the Democratic Citizen
For citizens to participate effectively in a democratic society, theorists rely on the presumption that citizens will develop the necessary skills of autonomy through
involvement in political activity. Therefore, the presupposition of improbability is very much linked to the presupposition of autonomy, with citizenship theorists believing that to treat citizens now as the best judges of their own interests is the best way to improve their competence in the future (Thompson, D.F., 1970: 19). In this
light, citizenship theorists require that both the democratic citizen and the democratic
community are capable of beneficial development through human effort (Thompson,
D.F., 1970: 20). The dependence on improvability, as a necessary precondition of democracy, accounts for the degree of importance placed on the education of democratic citizens.
It is therefore, education, in various forms, which is distinguished as a key mechanism for improving citizen's capacity to influence politics and therefore ensure democratic progress. The kinds of education which are deemed appropriate by citizenship theorists range from 'civic education' which includes training citizens in the techniques of political organisation and activity, to informing citizens of social trends and the 'proper moral and intellectual ideals necessary for democracy
(Thompson, D.F., 1970: 21). The principle purpose of democratic education is to make ordinary citizens more competent in political affairs (Thompson, D.F.,
1970:21).
Urban Studies Honours Thesis Department of Urban and Social Policy 11.
This emphasis on education follows the popular understanding that 'individuals are not bom citizens of a particular political state' but are rather shaped by a process of political socialisation (Smith, D.H., Macauley, J., and Assoc., 1980: 84). The
'political self is developed during a gradual and incremental process. This concept
of the 'political self comes from Mead, author of Mind, Self and Society^ in 1934.
Mead claims that "the self is something which has a development: it is not initially
there at birth, but arises in the process of social experience and activity, that is,
develops in the given individual as a result of his relations to that process as a whole
and to other individuals within the process" (Mead, G., 1934: 134) (Smith, D.H.,
Macauley, J., and Assoc., 1980: 86).
According to democratic theorists Smith, Macaulay and Associates political
education takes place alongside to the development of the 'political self. Political
learning in this regard is acquired through various social agents involved in political
socialisation. These include the family, schools, peer groups, and the media who all
communicate their concerns and beliefs regarding political facts, values and attitudes.
In response, the individual, in developing a cognitive nature, reacts to these messages
by evaluating, rejecting or accepting the views of the social agents. An individual's
personality, personal inclinations, level of political interest, predisposition to act and
social situation will to some degree influence the response to the stimuli advanced by
the social agents, and in this regard the process of political socialisation can come to
be understood as "an interaction between the individual and the environment" (Smith,
D.H.,etal., 1980: 92-93).
However, the forming of the democratic citizen is not merely dependent on a
developing sense of judgement but is also the product of politically motivated direct
and indirect processes of education. Indirect processes are those that do not appear to
be deliberately political: direct processes involve learning of clearly political content
Urban Studies Honours Thesis Department of Urban and Social Policy 12.
(Smith, D.H., et al., 1980: 93-94). Smith, Macauley and Associates, in Participation in Social and Political Activities, describe the three indirect modes of political learning. The first of which is 'Interpersonal Transference' - where children liken political figures and authority to many of the characteristics of their parents.
'Apprenticeship Learning' is another indirect mode of political learning identified by
Smith, Macauley and Associates, and is defined as the mode of political learning
'"where the individual is assumed to acquire skills, habits and behaviours that can be transferred to political activities" (Smith, D.H., et al., 1980: 94). It follows that "as the population becomes more knowledgeable about political processes they demand more involvement not only in political life, but also in schools, labour unions and such" (Smith, D.H., et al., 1980: 94). The third indirect mode of political learning stems from the human tendency to generalise what is learned from one area to other areas. 'Generalisation' as a mode of political learning is said to explain the inclination of individuals within various social and or class groups to hold relatively similar political views (Smith, D.H., et al, 1980: 94).
Direct modes of political learning, as identified by Smith, Macauley and Associates include 'Imitation', where children emulate the party labels of their parents. As children grow older, the reverse may occur with teenagers rebelling against their parents' political orientations (Smith, D.H., et al., 1980: 95). 'Anticipatory
Socialisation' occurs where children adopt the behaviour and attitudes of role models in areas in which they expect to be. As such the structure of school life and its promotion of democratic practices, is a working ground for students to experience
'anticipatory socialisation' (Smith, D.H., et al., 1980: 95). 'Political Education' is another direct mode of political learning identified. The instruction may be carried out by parents, relatives, teachers, peers, volunteers, work-related groups such as unions, as well as political parties and government agencies. In this mode of political learning the education is deliberate (Smith, D.H., et al., 1980: 95). 'Political
Urban Studies Honours Thesis Department of Urban and Social Policy 13.
Experience' is regarded as the fourth direct mode of political learning. The process involves education through experiential learning or 'learning by doing'. Participation in voluntary action groups and political campaigns is said to further develop the previous indirect and direct modes of political education (Smith, D.H., et al, 1980:
96).
Theories in the education of the citizen within the democratic system as put forward
by Smith, Macaulay and Associates offer a rather shallow idealist perspective which
is of little purpose to this thesis. The weakness becomes evident in light of
understanding the practical technologies of democratic government which is clearly
examined in Chapter 2. In the following chapter democratic techniques of the citizen
are shown to derive from more than an awareness of political processes and the
occasional participation in a voluntary action group. Minson provides a useful
examination of the training of the citizen and more convincingly explains the
development of techniques forming the democratic citizen which produces the desire
of the citizen to practice participation in the affairs of government (Minson., J., 1993:
Chapter 8).
Like the citizenship theorists Minson argues that the autonomy of individuals is
important to the self-understanding of the citizen within a democratic society. The
degree to which this autonomy is developed is an effect of the "rise of participatory-
pedagogical techniques inside civil-society" (Minson, J, 1991: 208) which train
citizens to feel responsible for their own well being as well as the well-being of their
community. To illustrate this, Minson uses the example of techniques of managing
school populations democratically which rely in part on trainings at home during
child rearing. The training is based on a balance between desires and responsibilities
where, for example, a child is made to 'elect' when their bedtime should be (Minson,
J., 1993: 208). Such training is aimed at 'responsibilising' children by making them
more autonomous. To take this point further, it is argued by Minson
Urban Studies Honours Thesis Department of Urban and Social Policy 14.
that demands for participation in the practice of government do not necessarily stem from training in the ideals of democracy, but is rather the result of 'responsibilising' mechanisms involved in the training of the citizen in the practice of self-governing.
Self-governing techniques are then applied to the broader arena of managing populations. Democratic citizens armed with the desires and responsibility to improve the conditions of their lives and environments subsequently demand levels of involvement and participation within the affairs of the state.
Conclusion
This chapter has been useful in establishing the framework in which the role and the practices of the democratic citizen is understood as a function of the democratic system. The following chapters further expand on the styles of democracy particularly focusing on their application within the practice of modern government.
The critical evaluation of theories of citizenship and the training of citizens in democratic behavioural techniques is the basis of further discussion which will continue in the proceeding chapters. Minson's preoccupation with the training of the democratic citizen provides the necessary link between firstly the democratic theories supporting alternative styles of governing which address the question of how power may be afforded to the people, and secondly with the theories of citizenship which question the capacity for citizens to be caretakers of their lives and environment within a democratic system of governing. Minson's argument provides an insight into how citizens understand themselves within the practice of democratic goverrmient rather than the ideals of democratic government. This is useful to the purpose of this study which examines the motivations behind the individual's active role as a caretaker ensuring the well-being of their communities.
Urban Studies Honours Thesis Department of Urban and Social Policy 15.
Chapter Two: Victoria's Planning System in the Context of Democratic Practice
In an effort to establish practical examples associated with the arts of democracy and in particular the behavioural techniques of citizenship within a democratic framework, it is useful to examine public participation within the urban planning process. Urban planning can be linked to both theories and practices of democracy where planning is understood as an activity undertaken by government in the interests of the people. Over the last 30 years an increasingly common topic of discussion among planners and administrators is the need to foster increased participation by the pubhc in the urban planning process (Payne, R.J., 1973: 25).
Before embarking on a discussion of the planning system and its implications for citizen participation it is necessary to examine what planning is and what planning aims to achieve. Essentially planning is for the people. This much repeated phrase is a seemingly trivial definition of the nature and aims of planning. It is rather vague and it does not indicate any particular area of peoples' lives with which is concerned.
Yet planning involves so many areas of peoples' lives and environments that the rather trite phrase is perhaps the most useful. To be more explicit however, its is necessary to explore the initial aims of planning and to describe what planning involves today.
According to R.J. Payne, early tovm planning endeavours sought to reduce physical hardships and to ensure public health. As this field developed it became concerned with standards of building, sewerage disposal, and housing conditions. This concern remains a very significant part of modern planning (Payne, R.J., 1973: 27). The interest of planning with the physical well-being of the public has since developed to
Urban Studies Honours Thesis Department of Urban and Social Policy 16. include the improved living conditions of the economic, social and political environment as well as the physical environment, both natural and built (Payne, R.J.,
1973:27).
Together with the increased scope involved with the plarming of improved living conditions, the development of a more culturally and technologically sophisticated society has encouraged a reliance on 'technocracy', or the application of technical knowledge; expertise; techniques and methods in decision-making processes by goverrmient (De Sario, J, and Langton, S., 1987: 5). Concerned with ensuring long- term social and economic stability much of the government's planning activities have resulted in a growth of technical expertise, elitism and bureaucratic initiative in favour of the classical idealist notion of democracy, where citizens themselves initiate programmes and monitor the actions of their elected representatives (Payne, R.J.,
1973:25-26).
Payne argues that the reality of planning activity being increasingly governed by planning authorities has in turn made the system more complex and discouraged public participation within the planning process (Payne, R.J., 1973: 26). Therefore in addition to the development of technocracy and the shift towards an 'elitist' style of decision-making in planning, many have demanded that "decision-making be infiised with a more democratic expression" (Fagence, M., 1977: 2). In response to the tensions created by the development of technocracy and the insistence on public participation, modern liberal governments have tended to advocate the simultaneous growth of participatory democracy and expertise in decision-making (Fagence, M.,
1977: 2).
Urban Studies Honours Thesis Department of Urban and Social Policy 17.
Citizen Training in Victoria's Planning System
Planning in Victoria over the past 30 years or so has been recognised as an area of government largely utilising both elitist and participatory styles of democracy. The technologies of government which include strategies, techniques and procedures are implemented not only to plan for the long term physical, social and economic environment of the people, but also to ensure accountability and participation mechanisms for the public. While the use of technocracy is applied with the employment of planning authorities and their level of expertise, participatory democracy has also been facilitated with opportunities for citizen involvement in the process of decision-making.
Since 1944, with the passing of the Victorian Town and Country Planning Act of that year, planning has been a government function of this state (Eccles, D., and Bryant,
T., 1991: 4) Since that time the plarming system has developed in such a way that a very large number of people have had direct involvement with the planning of their environment. Legislative provisions of the Planning and Environment Act 1987 ensured that avenues of participation were made available to the public extending the planning process far beyond the interests of developers and urban planners to include interests of third parties. Under Section 57(1) of the Planning and Environment Act
1987 "any person who may be affected" may object to an application for the use or development of land or both (Eccles, D., and Bryant, T., 1991: 89). Essentially this ensures that where a planning permit is required, any person who considers themselves affected by a proposal has the right to submit an objection outlining their concerns. The provision has served to ensure that third party concerns such as health impacts, effect on the amenity of an area, or infringement of existing uses are considered in the decision-making process. In Minson's understanding of democratic training, the provision could be seen as a 'responsibilising' mechanism training the citizen to ensure the good caretaking of the environment (Minson, J., 1993: 208).
Urban Studies Honours Thesis Department of Urban and Social Policy 18.
In addition to the provision for third party objection rights, Sections 82(1) and 82(2) of the Planning and Environment Act 1987, contained broad provisions enabling affected persons to appeal to the Administrative Appeals Tribunal against a decision to grant a permit provided an objection was lodged by themselves or in the case where at least one written objection was received by the responsible authority (Eccles
D., and Bryant, T., 1991: 89). The rationale for third party rights according to Eccles and Bryant's, is not simply that people who may be affected by a proposed development should have some input into the decision as to whether or not the development should proceed. The exercise of these rights to ensure a hearing by the
Administrative Appeals Tribunal in relation to planning permits is considered the only way in which the impact of a proposed development can be dispassionately evaluated by a body independent of the responsible authority and the Minister - to consider the application and its impact if it were granted and to make a decision accordingly (Eccles, D., and Bryant, T., 1991: 178). In this reasoning Eccles and
Bryant view public participation as a means of ensuring improved outcomes and providing a means of public scrutiny within the activities of government.
In this light the provisions imply that direct participation of ordinary citizens leads to better decision-making where all interests of the community are taken into account.
Secondly, the third party provisions suggest that public participation ensures a level of surveillance within the system of government. This relies on the democratic behavioural techniques of citizens to be responsible caretakers and keep watch for sinister interests and corruptions of power that may divert leaders and administrators from their responsibility of good government (Maddox, G., 1985: 53).
The benefits of public participation in planning are well documented and in many ways conform to the central tenet of a democratic system which advocates that "the individual has the right to be informed and consulted and to have the opportunity to
Urban Studies Honours Thesis Department of Urban and Social Policy 19. express views on matters which affect them" (Sewell, and Coppock, 1977: 1).
However it is further noted as a third argument in favour of participation, that involvement in decision-making processes not only enables the citizen to enjoy greater autonomy over their environment but benefits the individual as well. R.L.
Cole in Citizen Participation and the Urban Process outlines the advantages of participation as follows "by taking part in the affairs of his society, the citizen should gain in knowledge and understanding, develop a deeper sense of social responsibility and broaden his perspectives beyond the narrow confines of his private life" (Cole,
R.L, 1979:3). In this regard, legislative provisions which encourage participation in the planning system can be described as a means of developing the autonomous nature of the citizen, which is essential to the functioning of modern democratic societies. Cole's argument is similar to that of Minson's, where avenues for participation in planning are designed to develop the individual's capacity to influence political decisions and train the citizen to balance his or her desires and responsibilities for the well-being of one's community and enviroimient.
The Two-Tiered Democratic Style within the Planning System
Public participation within the planning process thus illustrates the practical techniques of citizenship which rely on the presuppositions of autonomy and improvability of citizens. The provision of third party rights in the Planning and
Environment Act 1987 both indicates and requires a degree of participatory democracy where citizens have been treated as responsible caretakers of their interests and environment. Rights of appeal further presuppose that the citizen is politically aware, competent and responsive. Levelled with the autonomous and improvable expectations of citizens is an equal reliance on the plarming authority as an expert who has the responsibility to initiate and formulate policies and programmes which plan for long term economic and social stability. To ensure that
Urban Studies Honours Thesis Department of Urban and Social Policy 20. determinations affecting the development and use of land do not contradict these policies and programmes, the Minister for Plaiming is entrusted with broad powers that enable him or her to by-pass the normal plarming procedures.
For instance, the Minister has the power to "call-in" appeals under Section 41 of the
Planning Appeals Act. This power may be exercised if, before the Administrative
Appeals Tribunal makes a decision on an appeal, "it appears to the Minister administering the Act that the appeal raises a major issue of policy and that determinations of the appeal may have a substantial effect on the achievement or development of planning objectives" (Section 41 of the Planning Appeals Act, quoted in Eccles, D., and Bryant, T., 1991: 26). The Ministerial powers imply an elitist democratic style of decision-making suggesting as it does that the public is politically naive and incompetent where long term economic and social planning objectives are involved. The powers also hinder close scrutiny by the public by allowing the
Minister to operate insulated from the normal procedures which allow for monitoring of elected representatives by citizens.
Provisions of the Plarming and Environment Act 1987 have thus offered a two tiered approach within the planning system of Victoria. Provisions allowing the Minister to by-pass normal plaiming procedures borrows from the elitist style of democracy where experts and leaders initiate and monitor many of the programmes and policies in order to ensure long term objectives. The broad provisions for third party rights however, has indicated a participatory style of democracy particularly where appeal rights have allowed the citizen (under normal circumstances) to question the determination of planning authorities before an independent body.
Urban Studies Honours Thesis Department of Urban and Social Policy 21.
The Shift to an Elitist Style of Democracy within the Planning System
The issue of third party rights has loomed large recently with the Victorian
Government's introduction of the Planning and Environment (Amendment) Act 1993 which has fundamentally changed the planning system in Victoria. Modifications made by Parliament to the Planning and Environment Act 1987 have placed restrictions on public participation and third party rights. Changes include the removal of the right of third parties to appeal against a decision to grant a permit, if they had not objected beforehand (Section 82); and allowing responsible authorities to specify types of permits that may be exempt from public notice and any subsequent appeal (Section 60(3), 64(4) and 64(5)). In addition to these, the Minister for
Planning has been given widened "call-in" powers where the application for a plarming permit raises a major issue of policy or where the application has been unreasonably delayed to the disadvantage of the applicant (Brunton, N., 1994: 4). In summary, one could hardly disagree with the view of Michael Wright Q.C. who argued that these amendments reflect "a significant incursion upon the philosophy of public participation that has underlain planning in this state for the past 30 years"
(Wright, H., McM., Q.C. December 2, 1993, quoted in Brunton, N., 1994: 4).
Conclusion
The implications of the changes to third party rights introduced in the Plarming and
Environment (Amendment) Act 1993 encroach significantly on the public's understanding of itself as a caretaker of their environment. Restrictions to the rights of appeal impede the citizen from monitoring the actions of their elected representatives. Further restrictions imply that objectors concerns are likely to be trivial and serve only to delay development. This, in turn, undermines the participatory approach to planning in this state which has encouraged participation
Urban Studies Honours Thesis Department of Urban and Social Policy 22. assuming citizens as the best judges of their own Uves and environment, and capable of showing informed poUtical and social judgement resulting in improved planning outcomes.
The participatory approach has fostered the training of citizens to become involved in the decision-making processes within the planning system. As discussed in Chapter
One, participatory mechanisms such as third party rights promote a form of training enabling the citizen to develop and utililise his or her autonomous and improvable nature. Don Dunstan suggest that where training of the citizen is employed to cast the citizen as caretaker of his or her interests and envirormient, a shift away from this technique of government towards a style which emphasises a limited role of the citizen produces a significant impact on how the citizen sees him or herself as part of the democratic society (Dunstan, D., in Sandercock, L., 1975: 138). The following chapters investigate the political training of citizens further, and examines the impact on the democratic citizen of a shift away from participatory democratic practice.
Urban Studies Honours Thesis Department of Urban and Social Policy 23.
Chapter Three: The Elitist Style of Democracy as Practised by the Kennett Government.
The opportunity for citizens to elect a government is perhaps one of the basic avenues of political participation in a democratic society. In 1924, the Australian government introduced compulsory voting for all Commonwealth elections. According to
Maddox , this was principally for the purpose of democratic education (Maddox,
G., 1985:61). Even before compulsory voting, legislation and statutory procedures were introduced to uphold traditional values of democracy. Many of the institutions, rules and procedures of government can be described by direct reference to the written constitution (Maddox, G., 1985:69).
"Like all modern western democracies, Australian democracy is rooted deeply in the theory of constitutionalism"(Maddox, G.,1985: 69). It is essentially a theory of limited government which insists that the power of government be strictly confined and restrained, such that it operate only within certain areas of clearly defined jurisdiction, and that there should be certain areas of activity in which government has no business in interfering (Maddox, G., 1985: 69: 73). The Australian
Constitution, passed by the Westminster Parliament in 1900, establishes the political institutions, and working conditions of national politics. Its most obvious function, apart from establishing federal government, is to limit the power of government
(Maddox, G., 1985:69), thus preventing the federal government from becoming an oligarchy. In maintaining the Australian Constitution as one of the prime conditions of democracy, it is upheld that any change to the Constitution requires a national referendum, therefore ensuring full citizen consultation and participation in the foundations of the Australian democratic system.
Urban Studies Honours Thesis Department of Urban and Social Policy 24.
In addition to the Commonwealth Constitution, the States and Territories of Australia also maintain their own Constitution Acts, which can be amended by legislation passed by State Government and Parliament by a majority vote of both houses of
Parliament, and with a statement by the relevant Minister on the reasons for using the clause (Elias, D., Ocotober 17, 1994: 4). The procedure implies that representatives elected into Parliament are authorised by citizens to administer justice and apply laws.
Yet in Victoria at least, the sense of authorisation has begun to be challenged.
Curiously the very size of the Kennett electoral victory is regarded as the key to its less 'democratic' actions, including the dissolution of consultative mechanisms. The
Kennett Government has legislated 34 times in the past 24 months to amend the State
Constitution Act (Rosenbloom, H., October 4, 1994: 15). The present State
Government is in a favourable position to enact such legislation as it holds the majority of seats in both houses of Parliament enabling the Government to implement changes with little opposition. Subsequently, serious concerns have been raised in the media in regard to the State Government's seemingly free-hand in amending the State
Constitution Act. These concerns have been further echoed by the legal profession in response to more than 50 acts of Parliament designed to curb the jurisdiction of the
Victorian Supreme Court (Elias, D., October 17, 1994:4). As the Supreme Court is entrenched in the Victorian Constitution, the State Government has authority over the powers of the Supreme Court.
The Attorney-General, Mrs. Jan Wade, has overseen wide-ranging legal changes, many of which "result in a substantive loss of people's rights" (Elias D., October
17,1994: 4). Mrs. Wade has been criticised , especially by legal groups and the media, for failing to consult. In response, she has described consultation as being "an invitation to the Government concerned to bend over and prepare to be kicked"
(Giddings, J., September 25, 1994: News 15). Critics of this approach argue that the
Urban Studies Honours Thesis Department of Urban and Social Policy 25. lack of consultation effectively cuts off valuable avenues of advice from professionals and shuts out public opinion such that the government practices an isolated method of decision-making. It is clear though that the Kennett Government regards consultation as an impediment to exercising the mandate it was given.
The Victorian election of the Kennett Liberal Coalition Government in 1992 brought with it a shift away from the techniques of participatory democracy, including consultation and citizen involvement, to a representative and administrative structure of liberal-democracy which advocates that 'the people' should restrict their involvement in politics to mere voting (Maddox, G., 1985: 51).
In August 1993, the Government released the report Planning a Better Future for
Victoria, in which it described the policy direction that would orient the planning system and style of governing that would dictate Victoria's political system for the entirety of the Kennett Government's electoral term. The Government made it clear that "Wealth creation is a first priority in Victoria. The statutory planning system should ... give additional weight to protection and wealth creating activity. The first major reality is unemployment and the need for economic development are of far more immediate importance than increased residential amenity" (Department of
Planning and Development, August 1993: 3). Further, as outlined in Chapter 2, it was stated that investment would be facilitated "... by substantially simplifying and clarifying the development approvals system to make it more effective in facilitating desirable development" (D.P.D., 1993: 6). Clearly then, the Government is convinced that economic development can best be facilitated by diluting the public participation mechanisms, thus limiting the role of the citizen in political decision- making processes.
Urban Studies Honours Thesis Department of Urban and Social Policy 26.
Democratic behavioural techniques of the citizen learnt through democratic education are dismissed in this style of decision-making. Where once, the citizen was provided with avenues to legal remedies for government action which adversely affected them, now citizens are denied redress and are subsequently left open and vulnerable to the political decisions of the government in power. Elitist democratic theorists would argue that the elected government has justifiable authority to amend the Constitution on the grounds that the public willingly chose, by vote, the present government to act as representatives of their interests thus providing a mandate enabling the government to perform as it sees best. This is characteristic of democratic theorists who favour limited participation on the grounds that it is far more decisive and less time- consuming.
Those who favour participation however, are concerned that the government is failing to give proper consideration to the claims of all concerned and is effectively limiting the role of the citizen to participate in political life. What is perhaps most disturbing for those who prefer increased political participation, is the withdrawal of many provisions established to provide the citizen with avenues enabling individuals to influence political processes, decisions and actions. In response to the State
Govenmient's maintenance of the Constitution and handling of state affairs, such as the planning system those favouring participation have described the present mode of decision-making as closed and imdemocratic (Farrant, D., September 17, 1994: 3).
The changes to the Planning and Environment Act thus signal a dilution of public participation mechanisms and a breakdown of the participatory democratic tier with a move towards a centralisation of decision-making processes where government officials are making decisions and formulating policies. The government approach towards this mode of practice is exemplified in the repeated amendments to the
State's Constitution; restrictions to the jurisdiction of the Supreme Court and changes
Urban Studies Honours Thesis Department of Urban and Social Policy 27. to the State's planning legislation. Effectively these changes have heralded a new era of democracy with an emphasis on centrality and a shift away from participatory democracy. It seems appropriate to question what then occurs when a citizen's expectation of participation is denied, and the participatory style of representative government, which Victorian's are accustomed to, is replaced with a closed circle of elitists. To illustrate the effects of the new era of centralised democratic practice it is useful to discuss what has occurred on a local scale.
In what has been one of the most fundamental reforms in State politics for a long while, the amalgamation of Victorian municipalities has involved the controversial appointment of Commissioners in replacement of popularly elected local councillors.
Local communities throughout Victoria are presently under the management of State
Government appointees who have been given the task of overseeing the smooth transition of the amalgamation process. The Commissioners' powers however, extend far beyond the rationalisation of the newly merged councils. In replacing councillors, Commissioners have been entrusted with responsibilities such as determining planning applications and the management of community services and infrastructure.
Residents in newly amalgamated councils have argued that circumstantial to the overriding of the right of citizens to elect representatives which reflect a community's interests, the Commissioners have no electoral incentive to represent or be accountable to a local community. Rather, their loyalties lie with the government which appointed them (McArthur, S., October 26, 1994:14). This argument follows that decision-making processes and the democratic system in Victoria is becoming further centralised and isolated from the public.
Urban Studies Honours Thesis Department of Urban and Social Policy 28.
One of the primary areas for citizen participation in political life is within the local sphere, where decisions and policies can have a very real effect on the individual's circumstances and environment (Smith, D.H., et al., 1980: 94: 96). According to
G.D.H. Cole, in Entwistle, H., Political Education in a Democracy, "...real democracy ... is to be found for the most part not in Parliament or in institutions of local government, but in small groups, formal or informal, in which men and women join together out of decent fellowship of for the pursuit of a common purpose - societies, clubs, churches, and not the least, informal neighbourhood groups. It is in these groups, and in the capacity to form them swiftly under pressure of immediate needs, that the real spirit of democracy resides' (Cole, G.D.H., quoted in Maddox, G.,
1985:55).
It is for this reason we turn to the local area for an analysis of the reaction to restrictions on citizen participation in political life. Much anger and frustration has manifest at the local level with the sacking of elected councillors and the suspending of local goverrmient. Dissatisfaction with decision-making processes and the lack of community consultation has become evident in the protests, rallies, and media attention surrounding may policies and political decisions facilitated by changes to the Constitution, planning system, and appointment of Commissioners.
The outrage is perhaps most apparent in the vast numbers of ordinary citizens who are daily, becoming increasingly disenchanted with their government. Bruce Chaprman, national convenor of the Movement for Direct Democracy has stated that "Many are fed up with the smaller and smaller numbers of power brokers making more eind more decisions while listening less and less to the voters" (Chapman, B., October 5., 1994:
16). There is no one particular debate, but a whole range of issues which have emerged in local areas. Urban Studies Honours Thesis Department of Urban and Social Policy 29. undemocratic practice and a lack of "genuine representation on issues" (Chapman, B., October, 5., 1994.: 16). The gamut of issues include: the decision by Commissioners of the City of Yarra to close the Fitzroy public swimming pool, despite resident opposition, the State Government's proposal to extend the Eastern Freeway along Alexandra Parade into the heart of Fitzroy and Collingwood without any meaningful community consultation and a refusal by the Planning Minister to carry out an environmental impact study, the introduction of Vic Code 2 by State Government which allows multi-storey housing developments in certain areas without any consultation with affected residents, the fast-track planning of the Casino which involved insufficient consultation with persons and businesses which have subsequently been detrimentally affected by the construction of the facility, the decision by the State Government to hold the Formula One Grand Prix racing event in one of Melbourne's inner city parklands, circumventing normal planning procedures with the introduction of the Victorian Grand Prix Bill which overrides planning and environmental legislation. The political decisions outlined above have been arrived at without public consultation mechanisms and have subsequently rescinded the citizen's role as a Urban Studies Honours Thesis Department of Urban and Social Policy 30. caretaker within the community. This has in turn has stimulated local battles across the State in response to the Government's system of closed and accelerated decision- making processes. One of the most vocal community groups has been the Save Albert Park group which is made up of thousands of persons throughout the State who have donated time and money to the protests against the Government's decision to stage the Grand Prix at Albert Park (Save Albert Park group are apprehensive to release exact figures on the number of members due to the Government's intent to discredit the Group's political influence, although membership is reported as rising by 600 a week as recorded in The Age, December 13, 1994, p.l). Those opposed to the Grand Prix at Albert Park were denied preliminary consultation on the proposal and have since experienced a hostile response from Government when appeals have been made for the reconsideration of the Grand Prix's location. For many of us, whether in favour of the decision to stage the Grand Prix at Albert Park or not, the Government's decision-making approach has been of most concern, as it implies that involvement of citizens is unwarranted in affairs of the state. The Albert Park Grand Prix issue has signalled to all Victorians, that the Kennett Government regards itself, having a sufficient mandate, as able to represent the public's interests without the need for employing the techniques of consultation and participation. Driven by the potential for economic development, the Government has lived up to its statement that residential amenity will be sacrificed for the enabling of wealth creating activity (D.P.D., August 1993: 3). This is not all that has been sacrificed however. The accepted avenues for public concerns, objections and appeals for compensation to be heard have been obstructed with the legislative changes introduced by the Kennett Government to facilitate development through the removal of participation mechanisms. The following case study examines the controversial decision by the Kennett Government to hold the Grand Prix at Albert Urban Studies Honours Thesis Department of Urban and Social Policy 31. Park. The discussion is essentially an enquiry into the practical meaning of citizenship within a democratic society. Much of the public debate surrounding the Grand Prix has been focused on theories of democratic practice and it is therefore a useful case study in which to explore how democratic citizens understand themselves as politically active, as well as the significance of any dilution of participatory democracy. Urban Studies Honours Thesis Department of Urban and Social Policy 32. Chapter Four: Case Study : The Albert Park Grand Prix On December 17, 1993, it was announced to the public that Melbourne had won the right to hold the Formula One Grand Prix racing event at Albert Park, in favour of Adelaide who has hosted the Grand Prix for the previous nine years. There was little detail given except for an organised dissemination of information indicating that the event would stimulate the State's economy, enhance Victorian tourism and the projection of Melbourne to a world-wide audience, providing much needed employment and a rejuvenated attitude throughout the State's financially burdened population. In a public address, the Victorian Premier, Mr Jeff Kennett said that the Grand Prix represents the "jewel in the crown" (Magazanik, M., December 18, 1993: 9). Combined with the Spring Racing Carnival, the Australian Open Tennis, the AFL Grand Final, and a range of cultural festivals, the Grand Prix would "significantly boost Melbourne's growing international standing as a prime tourist destination" (Taylor.,T., December 18,1993: 9). Further, Mr Kennett added that "this will ensure (Victoria) will have an event... not only of international standing but probably of pre- eminence of all international events" (Magazanik, M., December 18, 1993: 9). Ironically, in light of subsequent public demonstrations of opposition to the event, the Premier described the securing of the Grand Prix in Victoria, as one of the most exciting things to have happened in the 14 months since he was elected (Unsourced., December 18., 1993: 1). The decision to hold the Grand Prix at Albert Park however, has since been one of the most troublesome issues on the Premier's agenda. Since the announcement, public and political debate has centred on issues not necessarily concerning the Grand Prix's relevance to Victoria, but rather on the conduct, decisions, attitude and general handling of securing and facilitating the event Urban Studies Honours Thesis Department of Urban and Social Policy 33. by State Government and the Melbourne Major Events Company. Behind the scenes, the securing of the Grand Prix in Victoria is a fascinating saga of tangled commercial and political manoeuvres. The way the deal was done provides a rare insight into the institutions now at the heart of the State Government's centralised decision-making processes - the Liberal Party, Melbourne's business community, and the company that won the bid to manage Melbourne's casino, Melbovime's Crown Casino group. The Grand Prix Decision as a Non-Participatory Style of Democracy The key players in the Victorian Grand Prix bid are also a part of the power broking circle, and include the Premier, Mr. Kennett, the chairman of the Melbourne Major Events Company and former Lord Mayor, Mr. Ron Walker, the chief executive of Carlton and United Breweries, Mr. Pat Stone, and Melbourne's Major Events Company chief executive, former Olympic swimmer, Mr. John Konrads. Together with the managing director of the National Australia Bank, Mr. Don Argus, the head of Federal Hotels, Mr. John Haddad, and the City of Melbourne's chief executive, Ms. Elizabeth Proust, these individuals had been privy to information, or had been involved in the bid for securing the Grand Prix in Victoria for almost a year before the final decision was made and the public made aware of the bid (Neales, S., December 18, 1993: 1). According to Mr Walker who was one of the prime movers amongst the group in the pursuit to obtain the rights to stage the Grand Prix in Victoria, the individuals "... are all part of the Loop. All the best deals are closely-kept secrets - kept in a Loop of people who respect that need" (Neales, S., December 18, 1993: 1). The group were sworn to confidentiality in the first instance when the possibility of winning the Grand Prix bid was first realised in September 1992 after the South Australian Labor Premier and close friend of Mr. Bernie Ecclestone, Mr. Bannon resigned from his Urban Studies Honours Thesis Department of Urban and Social Policy 34. post. Clearly then the centralised style of decision-making which has characterised the Grand Prix issue is no accident but a deliberate technique, implemented to facilitate wealth creating activity and economic development within the State. The controversial saga continues two weeks after the resignation of Mr. Bannon, when Mr. Konrads, chief executive of the Melbourne Major Events Company flew to London to strike up a rapport with Mr Bernie Ecclestone, the London-based head of the Formula One Constructors Association, which chooses where the Grand Prix events will be held around the world (Neales, S., December 18, 1993: 8). A further two weeks later when Mr. Kennett and the Liberals gained power, securing the Grand Prix deal was high on the list of government priorities. Almost immediately, Mr Kennett transformed the Melbourne Major Events Company from a "broadly based and poorly focused committee into a company with Mr Walker as it's head" (Neales, S., December, 18, 1993: 8). The first deal was signed early in 1993, giving Melbourne an initial discussion agreement, on the same footing as rivals Beijing and Malaysia. In July, 1993, on a public visit to London, Mr. Kennett signed a preliminary contract with Mr. Ecclestone ensuring Melbourne winning preference over Beijing and Malaysia. The final deal, putting Melbourne ahead of Adelaide for the 1997 Grand Prix, was signed by fax on 14 September 1993 (Neales, S., December 18, 1993: 8). The decision was withheld from the public until December 17, so as to not to damage the Liberal Party's chances of winning the South Australian election, where it seemed the Liberal Party may gain power for the first time in 11 years. Neither Mr. Kennett nor Mr. Walker wanted to harm their colleagues chances with the news that Victoria's Liberal Government had seized Adelaide's prized Grand Prix event (Neales, S., December 18, 1993: 8). The public announcement that Melbourne had won the right to stage the Grand Prix finally came from Mr. Kennett and Mr. Walker Urban Studies Honours Thesis Department of Urban and Social Policy 35. after the new Liberal Premier, Mr. Dean Brown, was safely elected in Adelaide. Paradoxically the South Australian Premier first heard the news in person from his federal Liberal Party Treasurer, Mr. Walker (Neales, S., December 18, 1993: 8). The handling of the deal has been a particular example of top-down decision making in its most restricted and stringent form (Josephs, L., December 1985: 21). There was no public participation, or Environmental Impact Study either considered or prepared prior to the Government's decision to proceed with the bid. The case study highlights the opportunity for a State Government, with a majority of seats in Parliament, to exercise a free-hand when it is the proponent of a proposal. In response to the Government's covertness which has characterised the Grand Prix issue since its move to Melbourne was aimounced, the public have been highly critical of the mechanisms used by Government to facilitate the Grand Prix event. The outrage has continued to this day with claims that the Government has exercised it's power in an anti- democratic and draconian maimer (Farrant, D., September 17, 1994: 3). The response of the Democratic Citizen One of the first of many grievances to manifest as a result of the armouncement was the alienation of public parkland for private purposes. The decision to stage the Grand Prix in Albert Park, one of Melbourne's inner city parklands, was made prior to the consultation of residents around the park, sporting clubs located in the park, or users of the park. Concerns were aroused as to the impact of a Formula One car race on the park and urban enviroimient. The day after the announcement was made, cautious welcome came from representatives of the Albert Park commimity. The then Mayor of South Melbourne, Councillor Frank O'Cormor said the Grand Prix would be a boost for Melbourne and Victoria but described the Albert Park Lake area and formula one car racing as "incompatible", suggesting that a more appropriate location would be the Docklands and Footscray Road area rather than open parkland (Farrant, Urban Studies Honours Thesis Department of Urban and Social Policy 36. D., and Taylor, T., December 18, 1993 : 8) (Forbes, M., and Thompson, S., December 19, 1993: 1). The then Mayor of St. Kilda, Councillor Tim Costello, expanded on Councillor O'Connor's concerns adding that lack of "proper consultation and planning by State and Local Government" (Farrant D., and Taylor, T., December 18, 1993: 3) would sow the seeds of discontent amongst concerned residents and park users. As part of the State Government's municipal reform of Local Government, the State Government has since sacked Local Councillors and amalgamated inner-city Local Government Areas replacing them with enlarged municipal districts temporarily governed by State appointed Commissioners. Residents of South Melbourne and users of Albert Park are subsequently denied the pre-existing avenues of lobbying their locally elected representatives to convey concerns to Parliament. In response to the suspension of local government, those concerned and opposed to the Grand Prix at Albert Park formed a community action group calling for the relocation of the Grand Prix. The Save Albert Park group have staged numerous protests and rallies against the Government's decision to stage the Grand Prix at Albert Park. The goverimient and organisers of the Grand Prix event, Melbourne Grand Prix Promotions, who have made attempts to discredit the group , admit to being surprised by the tenacity and strength of the Save Albert Park group. Despite branding the group as disaffected local residents whinging solely for NIMBY (not-in-my- backyard) reasons, or as a local group hijacked by political opponents of the State Government, neither brush has weakened the group's force of resistance (Neales, S., November 26,1994: 20). Urban Studies Honours Thesis Department of Urban and Social Policy 37. To suggest that the anger and protest surrounding the Grand Prix event is simply because those opposed to the Grand Prix at Albert Park are protecting their property values, protecting the ducks, or are defiant of change does not adequately measure up to the degree of rage evident in the assemblage of opposition to the event at Albert Park. People from all over the State have voiced their opposition through the local media, and protest rallies organised by the Save Albert Park group. Letters to the Editor columns of The Age and other newspapers make it clear that opposition to the Grand Prix at Albert Park is not confined to the bayside suburbs of Middle Park, South Melbourne and St Kilda. Letters have been received from as far away as Mont Albert, Eltham, Mallacoota, and Geelong (See Appendices 17, 18,19 and 20). The issue has gone well beyond the Grand Prix event, with protest fundamentally concerning the perceived loss of democratic rights as a result of the Kennett Government's style of exercising political authority. Many of those who have joined the Save Albert Park group initially expressed concerns on issues ranging from the use of a public park, pollution of the environment, the unsatisfactory consultation process, loss of residential amenity, impact on existing sporting facilities and clubs at Albert Park, as well as the State Government's financial arrangements with the Melbourne Major Events Company. During the past year these preliminary concerns have remained important. Yet what has perhaps sustained the level of opposition and compelled citizens to become involved in protests, is that the Grand Prix - and in particular the handling of the decision-making process and apparent disregard for principles of democracy by the Government, has become a major political issue (Neales, S., November 26, 1994: 21). Victorians are accustomed to a modem liberal democratic style of governance which upholds principles including freedom of speech; of association; of participation; of Urban Studies Honours Thesis Department of Urban and Social Policy 38. democracy. It is the government's disregard of these principles and the bulldozing of legislative provisions established to preserve these principles which has impelled citizens to become involved in direct means of protest against the Government's closed decision-making approach. Much of what has fuelled the Grand Prix debate has been the Government's evasion of attempts at preventing plans for the race from proceeding. Threats to the Principles of Democracy Attempts by the State Opposition to investigate the Government's political deals and financial justification for securing the Grand Prix were stopped after an appeal under the Freedom of Information Act to release 40 documents pertaining to the finance arrangements of the Grand Prix was refused. The public of Victoria were told that to release the documents would damage the ability of the Melbourne Major Events Company to conduct business with overseas and interstate companies, as they could not be confident that sensitive information would be kept secret (Magazanik, M., August 2, 1994: 4). Seemingly the 'loop of individuals' sworn to secrecy, are accountable to their business acquaintances more so than to those they represent. Following attempts to release the Grand Prix documents under the Freedom of Information Act, has been the introduction into Parliament of the Australian Grand Prix Bill. Under the Bill, the Grand Prix is made exempt from the Planning and Environment Act 1992 (as amended) as well as fi-om the Freedom of Information Act. These exemptions effectively withhold from the public any means of appeal against the decision to stage the Grand Prix at Albert Park. In addition, the Bill provides that the Supreme Court be prevented from hearing compensation claims, effectively closing off any right of redress for the public (Forbes, M., and Green, G., September, 19, 1994: 5). People who may be detrimentally affected by the race are denied involvement in the planning of the event and also denied any access to compensation. Urban Studies Honours Thesis Department of Urban and Social Policy _39. It has also been suggested that the Bill enables the Government to pass regulations that ban any protests during the race (Save Albert Park Group, October 1994, Issue 6). The introduction of this Bill has provoked intense reaction from the public, media and various legal groups who have described the style of government and contents of the Bill as draconian and anti-democratic (Farrant, D., September 17,1994: 3). Alan Kholer, editor of the Melbourne newspaper The Age, which had previously lent the paper's support to the staging of the Grand Prix at Albert Park, condemned the introduction of the Bill, and supported claims that the approach was undemocratic. In a recent Editorial Opinion Kholer expressed much of the public's disapproval, describing the Kennett Government as "displaying disturbing authoritarian tendencies in its determination to protect the Albert Park Grand Prix from public scrutiny, legal challenge and statutory impediments...(further) the Government's effort to cocoon itself, from every possible contingency goes well beyond what is acceptable in a free democratic society" (Kohler, A., September 17, 1994, quotation in Save Albert Park, Issue 6, October 1994). Loss of Participation Mechanisms and its Effects on the Democratic Citizen Victorian democratic citizens trained through political socialisation and previously encouraged to participate in political life, have effectively been closed out of the political system. The amalgamation of councils, appointment of Commissioners, restriction of third party rights in planning legislation; changes to the State Constitution Act; and limits placed on the jurisdiction and power of the Supreme Court, are seen as a sequence of attacks to the basic safeguards of democracy which were established to provide the opportunities for citizens to become involved in political decision-making and prevent the arbitrary exercise of executive power. As these basic safeguards are eroded away in the interests of facilitating wealth creating Urban Studies Honours Thesis Department of Urban and Social Policy 40. activities such as the Grand Prix, citizens appear threatened and are become hostile towards the mechanisms which are wearing away their autonomy. Citizens famihar and accustomed to the techniques and mechanisms of participatory democracy have developed a social responsibility to provide their concerns and opinions within the process of political decision-making. Jeffrey Minson, in Questions of Conduct: Sexual Harassment, Citizenship, Government, explores the effects (evident in the Save Albert Park group) of participatory training of the democratic citizen. He describes that participatory procedures and provisions, established within the political decision and policy making process, advocate and require self-governing techniques. As with theories of democratic citizenship which rely on the presuppositions of autonomy and improvability of citizens, Minson cites Carole Pateman who argues that participation in political life "represents an avenue for the free yet socially responsible self- development of individuals...(to)...acquire a real degree of control over their lives and environment" (Pateman, C., as quoted in Minson, J., 1993: 192). Further, Pateman suggests that participatory democracy "generates common feelings of belongingness, willingness to work together for the public good, and a preparedness to accept decisions one dislikes by virtue of the way in which they were arrived at (Pateman, C., in Minson, J., 1993: 192). Minson's discussion on citizenship delves further into the training of the citizen than Pateman. Like Pateman and other citizenship theorists Minson argues that the autonomy of individuals is important to the self-understanding of the citizen. The degree to which the autonomy is developed relies in part on trainings within civil society which foster 'responsibilising' behavioural techniques. In this regard, the Save Albert Park group's call for the consideration of economic, health, environmental and physical factors reflects not just lost opportunities through the closing of participation mechanisms but also a reflection of the training of the democratic citizen to act as responsible 'caretakers' over their lives and environment. Urban Studies Honours Thesis Department of Urban and Social Policy 41. The Save Albert Park group symbolises a self-governing community of citizens politically educated in understanding that "true democracy means far more than the intermittent opportunity for voters to vote out their rulers" (Minson, J., 1993: 192). Those opposed to the Grand Prix at Albert Park see their fight as one against a system of government which threatens democracy in its simplest form - government by the people, for the people. Their struggle to be listened to by goverimient is made possible by the formation of citizens who have developed an obligation to participate and portray their concerns about political decisions affecting their lives and environment. Their motives for opposing the Grand Prix at Albert Park, as suggested earlier, are not selfish but exhibit a learnt concern for the interests of the community at large. It has always been claimed by the Group that it is not opposed to Grand Prix in Victoria. Rather its point of contention is that a public park is not an appropriate location for a formula one racing event (Save Albert Park, Issue 3, July 1994: 1). The means of protesting against the Grand Prix at Albert Park also displays strong characteristics of what citizenship theorists such as D.F. Thompson describe as citizenship behavioural techniques. Training is essential to the Group's protest activities. All potential protesters within the Save Albert Park Group have attended weekend and night meetings at special locations around the neighbourhood to be taught the appropriate behaviour for peaceful, non-violent protest (Neales, S., November 26, 1994: 21). The level of self-governing which has been acquired by the community, as described in Chapter One, Theories of Democracy and Participation, can be explained to some degree through the direct and indirect techniques of democratic education which trains citizens in the techniques of political organisation and activity. Yet Minson has shown that training of the citizen derives from more than an increased awareness of political processes and procedures. Urban Studies Honours Thesis Department of Urban and Social Policy 42. Over seventy-five protesters have been arrested since November 7, 1994, in demonstrations which peacefully obstruct construction works for the Grand Prix at Albert Park (Neales, S., November 8, 1994: 3) and (Jellie, D., and Murdoch, A.K., December 1, 1994: 3). Almost a year after the decision was announced, the outcome of the Save Albert Park Group's protest against the venue for the Victorian Grand Prix Event is still not evident. Plans showing the circuit, grandstands, pit buildings and other infrastructure required for the race at Albert Park were released on November 15, 1994 amidst an angry crowd of around 500 protesters with banners reading " Keep Albert Park for the People", "Relocate the Grand Prix", and "Kennett Treats Democracy with Contempt" (Neales, S., November 16, 1994: 5). In response to the protest at the unveiling of the Grand Prix plans, the Premier Mr Kennett, admitted some "rough days" of confrontation lay ahead (Neales, S., November 16, 1994: 5). Letters to the Editor columns of The Age newspaper have continued to illustrate that the anger towards the State Government's lack of interest in the techniques of participatory democracy, evident in the decision-making process of the Albert Park Grand Prix, have not waned. Convenor of the Save Albert Group, Mr Iain Stewart, has vowed that the passive opposition of protesters wearing yellow ribbons and singing a chant from the musical 'Les Miserables' will continue at Albert Park (Neales, S., November 26, 1994: 20). Together with political pressure on the Government, provision of disincentives for corporate sponsors to advertise at the Grand Prix and lobbying for support from other influential organisations such as the Australian Conservation Foundation and the union movement, the Save Albert Park Group still holds much hope that the Grand Prix can be relocated and 'democracy restored '(Neales, S., November 26, 1994: 21). Further, confident in the decision to reopen the Fitzroy swimming pool after community protests against the City of Yarra Commissioners' decision to close the pool for financial reasons, the Save Albert Park Urban Studies Honours Thesis Department of Urban and Social Policy 43. Group have a renewed faith in the power of people in the face of a style of "governance by decree rather than consultation" (Attwood, A., December 3, 1994: Extra 5). Picture: JOHN WOUDSTRA Urban Studies Honours Thesis Department of Urban and Social Policy 44. Conclusion This thesis has argued that the works of theorists of democracy, concentrating as they do on different styles of democracy, has both value and limits in considering the formation of the 'Albert Park Protester'. The theories are useful because of the classification of different styles of democracy, enabling the recognition of a shift away from 'participatory democracy' as a technique of government in the Kermett Government. The theories are useful also because participatory democracy tends to be understood by many theorists as the closest approximation to the democratic 'ideal', as represented by Ancient Greek direct democracy. A move away from participatory democracy is thus understood by many theorists as a move away from 'democracy' itself. Clearly then, this view is one shared by many in the Save Albert Park group, who regard the actions of the Kennett Government as an attack on 'democracy'. Democratic theory however, has its limits in understanding the formation of the citizen practising civil disobedience, as with the Save Albert Park group. Democratic theory is shown to be limited because of its lack of attention to the practical techniques by which the citizen has been formed. Theories of democracy fail to explain the practical democratic behavioural techniques of the democratic citizen such that he or she is capable of, and expects to participate in the governance of the environment and community. This thesis has sought to demonstrate some of those practical techniques, and the extent to which they are acquired through certain kinds of trainings , including those of 'participation' provided by the planning system. Such capacities remain part of the repertoire of citizens, who continue to exercise them, and to experience their responsibilities. Presumably, many of those involved in the Save Albert Park protest Urban Studies Honours Thesis Department of Urban and Social Policy 45. would not feel good about themselves were they to sit on the sidelines, or not regard themselves as acting responsibly as citizens with a 'duty to care' for their environment. Rather than stemming from within the personality or even he political persuasions of those involved, the actions of the Save Albert Park protester would seem to have been formed through those techniques of participation previously enjoined of the 'good citizen'. Urban Studies Honours Thesis Department of Urban and Social Policy BIBLIOGRAPHY 63. Maddox, G, Australian Democracy - Theory and Practice 64. Longmar Cheshire Pty. Limited, Melbourne, 1985. 101. Swaer, G.F. Modem Federalism. London, Watts, 1969. 113. Thompson, D.F. The Democratic Citizen Social Science and Democratic Theory in the Twenweith Century, Cambridge University Press, London, 1970. 29. Fagence, M., Citizen Participation in Planning, Pergamon Press, Sydney 1977. 26. Eccles, D., and Bryant, T., Statutory Planning in Victoria. Butherworths, Pty. Limited, Melbourne, 1991. 106. Smith, D.H., Macaulay, J., and Assoicates., Participation in Social and Political Activities. Jossey-Bass Publishers, California, 1980. 60. 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Monday, October 10, 1994, p.5. 74. Neales, S., Albert Park, "To Race.... or Not To Race", The Age. Friday, May 20, 1994p.8-9. 17. Cook, M., "Split On Changes to Park", The Age. Friday, May 20, 1994, p.9. 84. Neales, S., "Why Other Venues Are Ruled Out", The Age, Friday, May 20, 1994, p.8. 7. Boreham, G., and Walker, D., "Park Battle To Rival Franklin: Greens Chiefs", The Age. Monday, July 1, 1994, p.l. 45. Holding. C., "Please Explain As A Race At Albert Park Doesn't Add Up", The Age. Tuesday, May 3, 1994, p. 17. 19. Cronin, P.J., "Save Albert Park No Politically Aligned" featured in the letters to the Editor of The Age. Tuesday, July 5, 1994, p. 14. 32. Farrant, P., "Judge Witholds Grand Prix documents". The Age. Saturday September 17, 1994 p.3. Unknown, "Driving Home GP Point", Herald Sun (Melb.) Tuesday August 9, 1994, p.l5. 115. Tuekey, B., "Albert Park Unveiled", The Age. Friday, May 27, 1994 p. 1. 79. Neales, S., "Kennett Hails Plan A Winner; Opponents Unmoved", The Age. Friday, May 27, 1994, p.l. 55. Kohler, A., "Atlast, Some Facts", Editorial Opinion of The Age. Friday, May 27, 1994, p. 17. 56. Kohler, A., "GP Should Be Open", Editorial Opinion of The Age. Monday, August 29, 1994, p. 13. 65. Magazanik, M., "Secretive GP Policy Risky, tribunal told", The Age. Tuesday, August 2, 1994, p.4. 58. Kohler, A., "Who's Driving", Editorial Opinion of The Age. Tuesday, p.l9. 57. Kohler, A., "The First year of the Kennett Government", Editorial Opinion of The Age. Saturday, October 2, 1993, p.21. 88. Power, P., "A New Threat to Local Democracy" featured in letters to the Editor of The Age. Friday, August 12, 1994, p. 14. 15. Chapman, B., "Winds of Change in the Grass Rooted", featured in letters to the Editor of The Age. Wednesday, October 5, 1994, p. 16. Farrant, D., and Green, S., "Only Two Took Decision on G.P.", The Age Thursday, July 28, 1994, p. 1-2. 12. Bullard, D., "A Sample of Fairness in the Grand Prix Bill", featured in letters to the Editor of The Age. Friday, September 23, 1994, p. 14. 5. Barber, R., "The Fast Track To Tryanny" featured in letters to the Editor of The Age. Friday. September 23, 1994, p. 14. 105. Slonim, A., "Government has Overstepped the Mark on GP Laws", featured in letters to the Editor of The Age. Monday, September 19, 1994, p. 12. 103. Shaw, K., "Whats Behind the Planning Steamroller?" featured in the letters to the Editor of The Age. Wendesday, June 1, 1994, p.l8. 61. Logan, P., "Albert park Chips Bullied, Bought Off featured in the letters to the Editor of The Age. Wendesday, September 28, 1994, p. 14. 110. Stewart, L, "A Few Grand Prix Facts and Figures", featured in letters to the Editor of The Age, date unknown. 50. Kemp, M., "Premier Should Change Course" featured in Letters to the Editor of The Age. Friday, November 18, 1994, p.l4. 9. Brumby, J., "The Opposition constructive Role" featured in letters to the Editor of The Age. Friday, November 18, 1994. p. 14. 52. Kennett, J., "Grand Prix Pays its Way" feamred in the letters to the Editor of The Australian Financial Review. Friday, August 5, 1994, p.28. 39. Gill, M., "Kennett Mocks Government's Rectitude", The Australian Financial Reveiw. Tuesday, August 2, 1994, p. 49. Kelly, H., "Pro-Grand Prix Event At Albert park Fizzles Out", The Age. August 1, 1994, p.2. 6. Beechey, B., "Opposition to Grand Prix Grows", Green Left Weekly, July 20, 1994. 13. Callick, R., "Mister Melbourne Gets By With The Club" The Australian Financial Review, July 29, 1994. 20. Dakin, P., "Council Silenced on Park" Emerald Hill Sandridge and St. Kilda Times (Melb.), Wendesday, September 14, 1994, p.3. 96. Save Albert Park, Save Albert Park Newsletter, Issue 6, Ocober 1994. 99. Save Albert Park, "Why Albert Park for the Grand Prix?, pamphlet, date unknown. 109. Stenburg, M., "SA Premier "shattered" by Loss of Grand Prix", The Age. Saturday, December 18, 1993, p.8. 3. Attwood, A., "Joggers, Golfers and Ducks for Ear Plugs", The Age. Saturday, December 18, 1993, p.8. 31. Farrant, D., and Taylor, T., "Fear and Anticipation over GP Plan", The Age. Saturday, December 18, 1993, p.8. Unknown, "What A Coup:- Bigh Race Is Ours", The Age, Saturday, December 18, 1993, p. 1. 37. Forbes, M., and Thompson, S., The Sunday Age. Sunday, December 19, 1993, p.l. 83. Neales, S., The Age. Saturday, December 18, 1993, p.l. 112. Taylor, T., "$50m Annual Boost Expected to State", The Age. Saturday, December 18, 1993, p.9. 8. Brown, M., "City Fans Never Go Short for Sport of Every Sort", The Age. Saturday, December 15, 1993, p.9. 59. Lachlan, N., "Albert Park Sniffs Fumes of Arrogance" featured in letters to The Age. Thursday, December 23, 1993, p. 10. 51. Kemp, P., "Grand Prix Mustn't Degrade Parklands" featured in letters to the Editor of The Age. Monday, December 27, 1993, p. 12. 30. Falconer, D., "Victorians must Defend Democracy" featured in the letters to Editor of The Age. Monday, December 20, 1993. 53. Kohler, A., "An L-Plate Grand Prix", Editorial Opinion of The Age. Wednesday, November 16, 1994, p. 19. 54. Kohler, A., "At Last Melbourne Wins" Editorial Opinion of The Age. Satruday, December 18, 1993. 72. Neales, R., "Alienation of Parkland", Landscape Australia. Landscape Publications Issue and Date Unknown. 98. Save Albert Park Group, Submission to the Melbourne Parks and Waterways Summary pamphlet, June 1994. 108. State Oppostion, The Grand Prix and Melbourne's Docklands - Task Force Report, Docklands - The Formula For Grand Prix Success, a Media statement, Tuesday, June 21, 1994, pulication unknown. 97. Save Albert Park, Save Albert Park Response to Final Proposed Strategy Plan For Albert Park Realising the Vision. Save Albert park , July 5, 1994. 91. Save Albert Park, Save Albert Park Newsletter, Publishers unknown. Issue 1, May 1994. 92. Save Albert Park, Save Albert Park Newsletter. Publishers unknown. Issue 2, June 1994. 93. Save Albert Park, Save Albert Park Newsletter, Publisher unknown. Issue 3, July, 1994. 94. Save Albert Park, Save Albert Park Newsletter. Publisher unknown, Issue 4, August, 1994. 95. Save Albert Park, Save Albert Park Newsletter, Publisher unknown. Issue 5, October, 1994. 21. Attwood, A., "Fast Tracking Through The Facts on that Race", The Age. Thursday, November 17, 1994, p. 17. Unknown, "The Minister Cuts Conners" Herald Sun (Melb.), August, 20 1994, p.l8. 44. Hayes, M., "Signs that warn the State to Stop at Albert Park" featured in letters to the Editor of The Age. Wednesday 9, 1994, p. 16. 18. Cox, P., "A Park and its People" featured in letters to the Editor of The Age. Wednesday, November 29, 1994. Unknown, "Stop Laughing This Is Serious", The Sunday Age. Sunday, September 18, 1994, p. 16. 63. McArthur, S., "Democracy Seen through a Darkl Pool Rather Darkly" featured in the letters to the Editor of The Age. Wednesday, October 26, 1994, p. 14. 1. Abbott, K., "Why all Councils are in the Fitzroy Swim" featured in the letters to the Editor of The Age. Wednesday, October 26, 1994, p. 14. 33. Fitzgerald, P., "Fitzroy's pool costs have been stretched" featured in the letters to the Editor of The Age. Wednesday, October 26, 1994, p. 14. 48. Josephs, L., "The Planning Process in its Legislative Context". Space. December, 1985. Yeneken, D., "The Principles at stake for all in Albert Park" featured in the letters to the Editor of The Age. Thursday, November 24, 1994, p. 14. 25. Dewhirst, C., "An Eagle Ey on Melbourne's shrinking Parks" featured in letters to the Editor of The Age. Tuesday, November 29, 1994, p. 12. 86. Payne, R.J., "Public Participation in the Urban Planning Process", Royal Australian Planning Institute Journal. Publisher and Volumen unknown, 1973, pp.25-30. 43. Hannfield, J., "Public Participation in Planning", Polis 3rd Edition. Publisher, Volume and Date unknown. Venables, R., "Government that we Surely Don't Deserve" featured in letters to the Editor of The Age. Monday, October 17, 1994, p. 12. 114. Thorpe, D., "No Threats Today, Thanks" featured in Access Age of The Age. Thursday, June 9, 1994, p. 16. 71. Neales, R., "A Big Build Up for the Grand Prix" featured in letters to the Editor of The Age. Saturday, November 26, 1994, p. 18. 102. Sewell, W.R.D., and Coppock, J.T., Public Participation in Planning. Oxford University Press, Oxford, 1977. 100. Sandercock, L., Cities for Sale. Melbourne University Press, Melbourne, 1975. 38. Giddings, J., "Law Reform - Revolution", The Sunday Age. Sunday, September 25, 1994, p. 15. 111. Streton, H.. Ideas for Australian Cities. Third Edition, Transit Australia PubUshing, 1989. 4. Attwood, A., The Age. Saturday, December 3, 1994, Extra p.5. 117. Tutt, P., "Keeping in Touch" in Access Age of The Age. Monday, May 30, 1994, p.l2. 36. Forbes, M., "Keeping the State on a Tight Rein" The Age. September 25, 1994, p.l5. LIST OF APPENDICES 1. Forbes, M., 'Keeping the State on a Tight Rein', The Age.. September 25, 1994, p.l5. 2. Attwood, A., The Age. December, 5, 1994 Extra 5. 3. Elias, D., 'When the court's Hands are Tied', The Age.. October 17, 1994,p. 4. 4. Giddings, J., 'Law Reform - from 'Revolution' The Age. September 25, 1994, p.4 5. Rosenbloom, H., 'Kennett's Agenda a Test for Democracy', The Age.. October 4,1994 p. 15 6. Farrant, D., 'Judge Withholds Grand Prix Documents' The Age. September 17,1994, p. 3. 7. McArthur, S., 'Democracy Seen Through a Pool Rather Darkly' featured in Letters to the Editor of The Age.. October, 26, 1994, p.l4 8. Chanpman, 'Winds of Change, in the Grass-Rooted', The Age.. October 5, 1994, p. 16 9. Neales, S., 'A Park That Would Be Their Grand Prix', The Age. November 26, 1994: p.20-21. 10. Magazanik, M., '1997: When the Grand Prix Comes To Town' The Age. December 18,1993, p.9 11. Taylor, T., '$50m Annual Boost Expected to State', The Age. December 18, 1993, p.9 12. Unsovirced, 'What a coup! Big Race is Ours', The Age. December 18, 1993, p.l 13. Neales, S., 'How the Deal Was Done' The Age. December 18,1993, p.l 14. Farrant, D., and Taylor, T., 'Fear and Anticipation over G.P Plan', The Age. December 18,1993, p. 8 15. Forbes, M., and Thompson, S.., The Age. December 19, 1993, p.l 16. Neale, R., 'A Big Build Up For the Grand Prix' featured in Letters to the Editor of The Age. November 26,1994, p. 18 17. Vanables, R., 'Government That We Surely Don't Deserve' featured in Letters to the Editor of The Age. November 17, 1994, p. 12 18. Thorpe, D., 'No Threats Today Thanks' featured in Access Age of The Age. June 9,1994, p. 12 19. Tute, P., 'Keeping In Touch' featured in Access Age of The Age. May 30, 1994, p. 12 20. Magazanik, M., 'Secretive GP Policy Risky, Tribunal Told' The Age. August 2,1994, p 4 21 Forbes, M., and Green, G., 'Lawyers Angry Over Race Bill' The Sunday Age. September 18, 1994,p.5 22. Save Albert Park, Newsletter. Issue 6, Ocotober 1994 23. Save Albert Park, Newsletter. Issue 3, July 1994 24. Neales, S., 'Grand Prix Clash Sparks 21 Arrests', The Age. November 8, 1994, p.3 25.Jellie, D., and Murdoch, A.K., 'Police Arrest 54 Grand Prix Protesters in Crackdown', The Age. December 1,1994, p.3 26. Neales, S., 'Kennett Unveils Melbourne's Grand Prix Masterplan, and 'Launch Drives Home Point About the Great Grand Prix Debate', The Age. November 16, 1994, p.5. Appendix 1 Forbes, M., Keeping the 'Keeping the State on a Tight Rein! state on The Age, September 25, 1994 p. 15 a tight rein ANALYSIS By Mark Forbes, WO years ago,in his campaign launch amid the blue-ribboned American razzmatazz in La T Trobe University's Union Building, Mr Jeff Kennett called on Victorians to accept Ills offer of a fresh start, seeking the chance to rebuild the state witli a new style of government. "I rcject totally the Labor approach of centralised government," Mr Kennett said, adding tliat his Gov- ermnent would be more accountable. Ironically, de- spite undoubted achievements and a dramatic ad- ministrative shake-up, power in this state is more centralised than ever before. These days, the reins are firmly held by one man — Jeffrey Gibb Kennett. The force of his personalitv has pushed changes through largely unchallenged'. But key business supporters, like the head of the Victorian Employers' Chamber of Commerce and Industry, Mr David Edwards, question the means employed even as they applaud the ends. "If the Government was a business you would expect a devolving of decision-making," Mr Ed- wards said. The centralised style had hiitially been appropriate In the flnanclal circumstances, but now more Initiative from Ihe public sector should be encouraged, he said. If Mr Kennett departed, would his reforms linger? Of the Cabinet, only the Treasurer. Mr Alan Stockdale — head prefect to Mr Kennett's strict headmaster — can rival the Premier and he is the Government's undoubted ideological force. Aided by a national economic recovery, Mr Stockdale has overseen a turnaround In debt and pioneered a his- toric shift of government business from the public to the private sector. Among the other ministers, good perfomers In- clude the Minister for Local Government, Mr Roger Hallam, who has reformed WorkCover and sacked most Victorian councils, and the Planning Minister, Mr Robert Maclellan, who has ushered in a full- scale reform of planning laws. On the other hand the Attorney-General, Mrs Ian Wade, has largely botched several actions that many believe would have undermined the independence of the judicial system. Mr Kennett brushes off concern about Ihe lack of democracy inside and outside government by In- sisting he must show leadership — a leadership that has been threatened only by the near-revolt of Na- tional Party MPs over clianges to the electricity sys- tem — but recent polls showing Labor neck and neck indicate he should not take the tolerance of the electorate for granted. Although private Liberal polling shows the Gov- ernment still aliead in key marginal seats, it reveals that nearly eight out of id voters feel alienated by It. If Mr Kennett can persuade Victorians the crisis Is Light and shade: Jeffrey Gibb Kennett. the man who promised Victoria a fresh start and whose force over, they may also decide his harsh leadership is no of personality has pushed changes through largely unchallenged. picture: CRAIG SILLITOE longer necessary. Appendix 3 Elias, D., '\flien the court's Hands are Tied' i lCUoLni. M. / /-VJ2_ The Age,, October 17, 1994, p.4 U ' When the court's hands are tied By DAVIO ELIAS THE LAW GOVERNMENTS^ riie State Ciovernment has procedure so that as well as a majority vot| curbed the jurisdiction of the Vic- Even the judges found the situation FROMt PAGE ONE: of both houses of Parliament, the relevan torian Supreme Court in more becoming so intolerable bacit in 1990 that minister must also make a statement to Par than 50 acts of I'arliament since it they complained to the Governor, Dr Davis liament on the reasons for using the ciaust the clause in 29 bills last year and had sent came to power two years ago. McCaughey, that their function as guardians In a letter hi The Age last month, Mr four back to ministers for further explana- In the autumn session. I'arlia- of the rule of law was under tlireat. They mde said there were many circumstances li tion, but they were passed without amend- ment inserted the ousting clause asked him to take the unusual step of tabling which proceedings in the Supreme Com of section 85 of the Constitution their report in both houses of Parliament. Mra \tede has vigorously defended the use were inappropriate. This was recognised I Act 1975 into 13 of the 63 laws it In their annual report this year, the judges of the clause, saying that whUe in opposition the Constitution itself and by the Govern passed. said: 'TWs have noted, with disquiet, the the coalition forced changes that stopped me ment and the Opposition, provided appK The legislative device is de- prevalence in acts passed by, and bills pre- Labor Government from Umiting the uiis- priate safeguards were hi place. She said th signed to assist governments over sented to, the Victorian Parliament, of a dlction of the court with zest and legislative Government had created the safeguards. clear technical hurdles. drafthig technique utilised to limit the Juris- "Far from displaying a cavalier dlsposito In the Victorian workplace, the diction of this court.' "Ihlttieyears foUowlng the 1975 enactment towards the Constitudon Act, the actions i Supreme Court is lorbidden from The Liberal chairman of the all-party scru- of the Victorian ConsUtuUon, the »amer, the Government reflect the appropriat hearing appeals on decisions by tiny of acts and regulations committee, Mr gravity with which it approaches moves I Thompson and Cain Governments limited the Industrial Relations Commis- Victor Perton, agreed yesterday that the use dter the Jurisdiction of the Supreme Court the Supreme Court's JurisdicUon m many sion on working hours, pay rates, of the ousting clause (contained In section 85 Mrs Wade said. acts of Parliament but they did not always, as annual leave, the making, varying of the Constitution Act 1975) might at times In the Law Institute [oumal last mont required, obtained a majority vote hi both or revoking of awards and any result in a substantive loss of peopled rights. Mrs V\&de said the Kennett Government hi houses of ParUament disputes on long-service leave He said it was a problem confronting all made a conscious attempt to rein in tl To save these laws from being challenged, and continuity of employment. state governments but especially Victoria's excesses of executive government. It had I the Labor Government in 1989 brought ta a The Supreme Court cannot because the Constitution entrenched the troduccd the scrutiny of acts and regulatloi retrospective amendment to the ConsUtu- hear claims for compensation by Supreme Court. There were often good rea- committee, a step ignored three times by tl tlon that automatically closed down two ac- police officers who have had their sons to use the clause, but it had become a previous Labor Government after It was re tions aheady filed In the Supreme Court. rankreducedwithlossofsalaryor mbc of the technical, the trivial and the seri- ommended by the legal and constitution After lawyers hi those cases lobbied MPs, been dismissed. ous, he said. committee in March 1990. the coaUtion moved In 1991 to change the Teachers have no recourse to His committee had looked at the use of the court if they are disciplined claim was lodged outside a 1 for breaches of professional stan- lished the City of Melbourne Act it appeal to the Supreme Court on action according to law or chal- month limit and it cannot he dards or dismissed under the again forbade the Supreme Court the rulings of medical panels who lenge authority or seeking a dec- recovery of debt proceedin 1993 Teachers Act. The same from entertaining writs or the use are the sole arbiters over the laration of right or an injunction. under the Rural Finance Act tl applies to school principals under of the Administrative Law Act so it extent of work-related injuries. It also prohibited anyone from the Teaching Service amendment could appoint city commissioners abolished the Victorian Econon And the new act confirmed a seeking an order on any grounds, Act and to any member of the and have control over the liming Development Corporation. Kirner Government ceiling on the including absence of jurisdiction, council of the Institute of Educa- of the next city council elections level of damages the court could under the Administrative Law Act In a whole raft of acts it inch tional Administration who loses and the number of councillors to award to an injured worker in a of 1978. ed the clause to protect govei office. be elected. common-law case. It was used to block any legal ment oificers, special investii The Government has also used In the WorkCover Act the But the reform that last year moves that might have interfered tors, health department case-r the clause to protect its revenue Government took away the established the Local (".overn- with the statewide review of local auditors, health visitors, doctt court's jurisdiction over decisions base. The Supreme Court cannot ment Board broke new ground in government, which has resulted school councils, public authoi on workers' claims made by the entertain proceedings for the totally tying the court's hands. in the forced amalgamation of board members from legal clai new WorkCover Authority, a self- recovery of licence fees, duties or councils, the suspension of coun- in the Supreme Court for acts insurer or the recommendations It was the first of a number of other payments to the state under cil elections and the replacement commission or omission comn of conciliators and gave it to the acts that expressly prohibited the State Tax Act. It cannot hear a of sacked councillors with non- ted in good faith in the course County Court and the Magistrates legal proceedings through prerog- case claiming the return of money elected commissioners. their duties. Court with no right of appeal. ative writs seeking the granting of paid to the state by mistake if the orders to quash, prohibit, require When the Government estab- There was also no right of even ley w es .vard le ok Under the Employee Relations Act, it became more difficult to lodge un- fair-dismissal claims: qualifying ser- vice of sue months was required and compensation was limited. Appendix 4 Applications under the Victorian act fell awav sharply last year, from some S()l)() ill 1991-1992 to'BOU in the Giddings, J., year to March 1993. With more bene- fits in the federal system, the slate's jurisdiction has become something 'Law Reform - from 'Revolution ot a backwater. In December 1992, the federal La- bor lioverninent legislated to free up The Age, September 25, 1994, p.4 [he inoM'iiient of workers from the Victorian system to the federal one. My best guess is that about 15 per cent ol former state award employ- ees are lUKler employment agree- ments and most agreements have been rolled over from the old awards. While the Government appears keen to revive the state system, plans of the accused's right to give un- for legislation to enable the Employ- LAW REFORM sworn evidence should not have ee Relations Commission to set mini- been "sold" ;is "pro-victim ". Jeff Giddings. lecturer, law school. mum wages in 12 key areas and to i:uurts may now order a uide La Trobe University reduce tlie impediments to unfair range of procedures to be used on dismissal claims were announced AS AlTORNliY-GENERAL, Mrs Ian serious crime suspects. The use bv only recently. .Muiost certainly, this is l\ Wade has overseen wide-ranR- police of reasonable forcc to take fin- a case of loo little loo late. By default, X i-ing legal changes, with (he gerprints and the power to require the Slate Government appears to criminal justice system being the name and address are important ex- have contributed to the development main locus. tensions of power, yet thev ha\e not of a single national system of indus- Many changes were flagged in been balanced by extra accountabil- trial relations. principle but with little or no detail ity measures. before the election. The introduction of indefinite sen- Mrs Wade lias been criticised, es- tences represents a big policy pecially bv legal groups, for tailing to change. This and moves towards cu- consult. She has described consulta- mulative sentences portray the liov- tion as too often being "an invitation ernment as tough on criirie hut also to the Government concerned to seriously undermine the existing sys- bend over and prepare to be kicked". tem of sentencing. The problem with such an approach Mrs Wade shifted ground on her is that it cuts off valuable avenues of controversial changes to the office of advice and isolates policymakers. the director of public prosecutions Q: Which Government decision The principal e.xception to this lack only after intense pressure from of consultation has been the crime has affected you most? other l.iberals and the legal profes- Sue Rattray, 49, Clunes, office victims' lobby. sion. Some of the changes seemed worker Vhe Government has clearly recog- quite sensible but the whole business nised the need to support victims of was handled very badly. A: In terms of business, the levies crime. But resources will be required The proposed shake-up of the pro- on property and WorkCover have to turn the rhetoric of victim impact fession is a positive step, especially directly affected us the most. We statements into meaningful reform those measures that would take regu- pay the $ 100 on our home and on that actually assists victims. Further- lation out ot the hands of the lawyers. our business. It's added nearly more. such changes as the abolition Equal opportunity changes repre- $300 each year to our expenses. sent the lowest point in the Govern- ment's upheaval. Victoria's system is in crisis, with many complaints being transferred to the Commonwealth system for hearing. Mihough the expansion of Fol law to cover local government was a step forward, the widening of the Cabinet document exemption, introduction of an application fee, and moves to control voluminous requests were backward steps. Appendix 3 Roseabloom, H., 'Kennett's A.-enda a Test for Democracy', The Age, October 4, 1994 p.15 test for democracy A FTER two years, the penny The Victorian Government has or ostracised. Neither judges nor /% has tinaily dropped. The newspaper editors are beyond this ! \ Kennett Government is not gone too far in its radical kind of treatment. Teachers have A. just a conservative regime attempt to reshape the state, been banned from talking about on a financial restoration mission. education. Magistrates have been True conservatives do not tamper writes Henry Rosenbloom. discouraged from criticising Govern- with the Constitution, anack the lib- ment policy. Elected local govern- ment councillors have been replaced erties of the citizen, intimidate the than they pay out. this means that bv appointees. But the trains, we are courts, or engage in a war on com- what the community spends at the promised, will run on time. munity institutions. This Govern- casino it does not have available to ment is trying to radically reshape spend elsewhere. There is early evi- Now, special legislation has been Victoria. dence that this is bringing distress to introduced to facilitate the smooth Until recently, the Government s individuals and families and flatten- running of circus number two — the agenda seemed to be merely a harsh, ing retail sales across Melbourne — Grand Prix at Albert Park. The Gov- aggressive version of the dry eco- and it can only get worse._^ ernment's bill does this by overriding nomics that has swept the Western Of course, the Govemiiient is now all relevant planning and environ- world in the past two decades. With reliant on a substantial stream of mental laws and by denying citizens its initial emphasis on good house- income from various gambling taxes access to compensation and even keeping. and against the background — almost $900 million this financial information about how their own of an incompetent preceding Labor year. According to the last Budget, monev is being spent on their behalf administration, Kennett had a man- this represents its fourth-highest to disadvantage them. date for strong, corrective action. source of revenue. When the next The Kennett Government's politi- Even deep cuts to the Public Ser- economic downturn hits, gambling cal instincts are anti-democratic. It is vice and to the education, hospital revenue will become even more sig- damaging political and civic values and transport systems were per- nificant. It seems extraordinary that of immense importance, and it is formed under the cover story of a any conservative government could engaged in a kind of war on the com- genuine need to restore the state's choose to become financially depen- munity. fmances. The emasculation of Work- dent on such a socially destructive Care. which reduced the benefits activity. So now, not only do we as a The Government has already legis- and rights of injured workers, had state run all the well-known risks of lated 34 times to amend the state's ;he same apparent legitimacy. The criminal acdviry attendant on high- Constitution to limit the powers of high unemplovment that followed stakes gambling, but we are exposed the Supreme Court and to deny ordi- these actions had the welcome addi- to imnecessary social and economic narv citizens access to legal remedies tional feature for the Government of ills. for Government actions that affect turning state difficulties into federal Privatisation of Government busi- them adversely. It is trying to gut the problems. nesses is another area of Govern- Freedom of Information Act. It Less clear-cut was the rationale for ment policy that looked as though it equates political opposition with dis- the attack on community organisa- was based on financial exigencies, loyalty to the state. tions and services in the city and the but is coming more and more to We have long-standing democrat- countrv. As money was directed sound like an ideologically driven ic traditions derived from Britain, away from a range of advocacy agenda. Despite worldwide evidence with safeguards for all cifizens based groups and communal bodies, that privatised businesses are usually on the common law, and on the sep- people in greatest need started to sold too cheaply, thai governments aration of powers between the 1 feel abandoned and defenceless. The lose more in forgone dividend pay- executive, the parliament and the i linancial argument for all this nasti- ments than they benefit from one-off courts. ' ness seemed threadbare. The Gov- capital gains, and that consumers But are these traditions and safe- ernment took tiny individual end up with worse services and high- guards secure? The Government has amounts from groups that could not er costs, the Government is pushing at its disposal total control of both afford them and spent the savings on ahead with its privatisation plans. houses of Parliament, an intimidated — whatV The evidence seems to be The onlv beneficiaries of this policy Public Service, a tamed media, and a that they have been spending them will be the discounted businesses' political Opposition severely handi- on circuses. Our bread, their circus- new owners. capped by its past. Because the Vic- es. torian Constitution can be amended There are two big circuses in town At the industrial level, the Kennen by Parliament, the Government has Government made an early, unsuc- — the Crown Casino and the Grand already started using the sacred cessful attempt to destroy the unions PrbL. Both are seen as money-spin- power to change the Constitution at and to impose individual employ- ners by the Government, and both will. ment contracts on workers. This had have the potential to damage the In these circumstances, the Gov- little to do with state finances or communirv immensely. The Govern- business prospects (Australian work- ernment is in effect limited only by ment seenis to believe that, by back- ers have the third-lowest unit labor its collective imagination and by ing a casino, it can stimulate a gam- costs in the OLCD). The policy en- public opinion. If the Kennett Gov- bling-led economic recovery. But acted a radical, right-wing agenda, ernment is successful in its Grand unless the casino brings large num- regardless of economic reality, the Prix legislation, it may feel that any- bers of high-rolling tourists to Vic- workers' needs, or even the lederal diing is possible. What it does then, toria (which seems unlikely, given coalition's electoral needs. and how the community reacts, mil the competition), the casino is sim- reveal whether our democracy has All this time, while prolound plv an internal money-transfer oper- deep or shallow roots. change has been imposed relentless- ation. ly on the community, cntics "r dis- Henry Rosenbloom is the publisher at Since aU casinos are organised to senters have been vilified, removed. Scribe Publications. extract more money from pumers Appendix 6 Farrant, D., 'Judge Withholds Grand Prix Documents' The Age, September 17, 1994 p.3 SATURDAY 17 SEPTEMBER 1994 THE AQE 3 TOMORROW IN Judse Prix documents THE SUNDAYAGE or spurious ... Nor is' it a case He added that "there does not substantial economic benefits tor seem to be any suflicienl evi- By DARRIN FARRANT In a 77-page written finding continued attack yesterday for its restricts the Supreme Court's where any issue of Illegality, un- Victoria. dence that director s duties as to delivered yesterday. Judge Pagan sweeping Grand PrL\ legislation, jurisdiction to award compensa- lawfulness, Irregularity, antino- A tribunal judge has rejected an conllict of interest were broken agreed to release three docu- with a residents group promising tion. my, impropriety or sharp practice Opposition request to release * "It is far from clear to me that ... through (Mr Ronl Walker". ments. but the Opposition said to step up its protesi campaign. The Premier, Mr Kennett. said ... has been raised," he said. almost 50 secret documents the group involved (local protest- Mr Walker, the chairman of the they were innocuous. The Save Albert Park Group, vesterday that it reilerted legis- ludge Pagan said that "for the about the Albert Park Grand Prix. ers) is not simplv a relatively iso- Melbourne Major Events Compa- The Opposition spokesman for which describes the new legis- iation operating in South Austra- tribunal to override genuine busi- ludge Warren Pagan of the lated lew locals with a capacity to ny which won Melbourne the sports and recreation, Mr Bruce lation as draconian and anti- lia for the Adelaide Grand Prfai. ness confidences reposed In the Administrative Appeals Tribunal achieve publicity for their views. rights to the Grand PrLx last year, Mildenhall, said: "The unfortu- democratic, will hold a protest "It is designed simply to allow Government of the state by busi- said releasing the documents has been the subject of Opposi- nate part is that it really is the last ceremony around Albert Park the facilitation of the event in the ness. commercial or financial un- would "maim the business arm of • Any negative environmental tion claims that he has a potential chance for Victorians to find out Lake on 9 October. most orderly way possible," he dertakings in the kind of circum- the state". effects caused by the race would conflict of interest because he Is a how much their Government has The legislation exempts the said. stances involved in this case He also dismissed claims that be minimal. director and maior shareholder in THE committed on the formula one race contract from freedom of in- In his finding. ludge Pagan also would be to malm the business the prominent businessman Mr "This is not a case where the the Crown Casino. Grand Prix." formation laws, overrides plan- said: arm of the state". RISING STARS Ron wyker has displayed a con- ning and environmental laws and I The race was likely to have claim for confidentialitv is sham flict of interest over the race. The Government came under Appendix 7 McArttiur, S., 'Democracy Seen Through a Pool Rather Darkly' featured in Letters to the Editor of The Age, October 26, 1994, p.14 14 THE AGE WEDNESDAY 26 OCTOBER 1994 Edited by JOHN MESSER Democracy seen through a pool rather darkly from Stuart McArthur, reasons for the pool sale is to logically Fitzroy ratepayer and resident argue to sell the gardens instead. It's easy to dismiss that as out- Bigger than the issue of the Fitzroy rageous, but why should it be consid- pool is the dark glimpse It gives us of ered outrageous any more? It's the life without the democracy we talce for type of cultural vandalism that occurs granted. as a matter of course in countries with- The Yarra commissioners are ignor-'^ out the guardian of democracy to carry antly trying to save Fitzroy ratepayers the big stick. It happens overnight $20 or so by closing our pool, unaware there, just as the Fitzroy pool decision we ratepayers want to spend it on the happened overnight here. POTl. and giving us flats in return. Imagine if Federal Parliament were Whats frightening is that the rate- replaced with commissioners. Why payers can't influence the decision. would they look after the homeless or In other words, the conunissioneis the elderly? There's no money in it, know what the ratepayers want better and votes don't matter. Why would thm the ratepayers do, and that's final. they fund parks and schools for under- It takes an issue like this to cla^ privileged kids, when the sites could be the real dangers of unelected decision- sold for private golf courses or ofBces? making, and the reaction it's causing But this is exactly what's happening shows people are now seeing these to the underprivileged Fitzroy kids dangers in pretty sharp focus. who. in summer, live for their pool and With Kennens commissioners now who have few other considerations m place, we must assume this is the given them — kids the people of hrst of many similar decisions across Fitzroy willingly provide the pool for, Melbourne, so let's try and logicaUy knowing there's more to life in our predict the next. It's a simple game. wonderful dhrerse suburb than making \ OiMse something cultural that earns money from it. little income, costs a bundle, and For 10 years, I've happily paid the the pool, as was stated in the editorial would be lucrative to private develop- elected Fitzroy council to subsidise the According to the Citv of Yarra paper pool, seen attendances boom, and was dated 10 October (ref: 320/3/08) the The Museum for instance — a CBD looking forward to it giving my kids die operaUng deficit for the pool for the site. Or the Royal Botanic Gardens, same indefinable pleasures it's given year ending 30 September 1993 was which outstrips the Fitzroy pool on aU me throu^ the years. $178,709. such points, and imagine how many It's a happy place. Anyone who's flats they could buUd there. Even in In a letter from the chief commis- swum towards the deep end with the sioner to Demetri Dollis. MP, dated 21 Fitzroy, the Edinburgh Gardens is 18 sun setting over the Aqua Profonda October 1993, the deficit for 1993 was times the size of the pool, worth a wall, knows what I mean. revised upwards to $219,802. The squillion more, charges no admission I'll bet the Yarra commissioners change — an upward revision of some and costs the council a fortune to have never done that. WO.OOO — was made without explana- maintain. tion. In a press release dated 24 To accept the commissioners' Stuart McArthur, North Fitzroy. October from the commissioners, the operating shortfeU was revised again— this time to $250,000. The press release was unclear as to whedier this shortfall Why all councils are commissioners have put such a was for the 1993 or 1994 financial year. structure in place. Again, the upward revision — this time m the Fitzroy swim The third point flows direcdy from of some $30,000 — went unexplained. from Councillor Kevin Abbott, the second, and in public policy terms The figures provided to the Mctorian president. IS probably Uie most significant. Grants Commission by the City of Metropolitan Municipal Association Commissioners have a wide man- Fitzroy under the Local Government While the residents of the City of Yarra date and considerable power. It is in Act suggest a deficit of $212,000 for the are merely exercising their democratic the interests of the whole community pool in 1993. rights by protesting at the commis- that they exercise this power wisely. One of the determinants of the It is understandable, however, that sioners' decision to close the Fitzroy The Age might have drawn the conclu- Swimming Pool, the issue raises a, success of the management of the ch^e procew will be the extern to sion that the pool's annual deficit was number of concerns in rdation<^o' up to $500,000 based on the unclear public policy, irrespecthre of the.ri^ts. which coqunissionsrs. Include the commu^^ in th^defision-maklng and toconsistent infotmadon on costs or wrongs of this particular issue, or.lts" prOCCM. provided by the commissioners. It outcome. Nobody m local government is would be helpful to the pubUc to darifr matters. ^^ The first relates to the pool losing partcularly happy about the processes mon<^, and the need for it to be heavilv Ktr^kn r^tt.. -ftr.. ... utihsed in the transiUon from the old/ Pecer FItzserald. Appendix 8 Chapman, 'Winds of Change, in the G-rass-Roo-ced', I'ne Age., October 5, 1994, p. 16 Winds of change in the grass-rooted from Bruce Chapman, national convenor, Movement for Direct Democracy I am encouraged but not surprised at the vast numbers of ordinary Austra- lians who are becoming, daily, more disenchanted with their governments at all levels. So many tell me they are fed up with smaller and smaller numbers of powerbrokers making more and more decisions while listening less and less to the voters. There seems to be no one particular common issue, but a whole range of concerns from the economy to social engineering, and ranges from local, through state and ultimately to federal governments. It is very obvious that there is a growth industry in government by control, and the casualty is the genuine representadon that probably used to exist in years gone by. What happened to democracy, what happened to genuine representation on issues, what happened to freedom of speech within parliaments, and what happened to honesty in pre- election promises? With their demise comes the growth of anger and frustration through the disempowerment of the people who are forced by law to vote and pay the wages of those who supposedly repre- sent them. Well, the system has only itself to blame for the rise of popular support for Direct Democracy (Citizen Initiated Referenda), and certainly, it is coming. Bruce Chapman, Canberra. ^ park would be their grand prix a "Do you hear the people sing, sing- loanna Johnson of Port Mel- yard) reasons, or as a local group "We have been at pains since fli ii le song of angry men. bourne. who describes herself as hijacked by political opponents of the beginning of the campaign in' Ol II e music of a people who will a "middle-aged, conservative, the State Government, neither February to firstly establish and n e staves again.' hard-working and law-abiding brush has left much tarnish. then to protect our integrity and' — Les MIserables citizen, who even voted for lefi^ It is clear simply from the Let- independence." Mr Stewart said. (Kennett) ", was one of the Save ters to the Editor columns of The "Of course, the reality is that CO Albert Park group who faced the Age. and other newspapers, that our focus — getting the Grand' T WAS like a scene out of one police on the morning of 7 No- their support is not confined to Prbi moved from Albert Park to' of lohn Diedrich's own mu- vember, as they proceeded to the bayside suburbs of Middle another location in Victoria — is sicals. There was actor and Despite the release of plans by the make 21 peaceful arrests. Park, South Melbourne and St by its nature opposing govern-' singer Diedrich. accompa- Slate Government and Grand Prix Ms lohnson admitted, in a let- Kilda. Members come from as far ment policy, and we can't deny nied by the convenor of the Save organisers this week for the ter published in The ^ge this away as Ashburton, Beaumaris the decision to hold the Grand Albert Park group. Mr Iain Stew- constniction of a car racing track at week, that she found the whole and Croydon Prix at Albert Park ocurs in a' af -nd backed by a chorus of Albert Park, the Save Albert Park ordeal difficull and frightening. broader political conlejtt. n- le class Melburniaiis and old And, while certainly the Albert p group is not giving up the fight. "My story typifies manv In the "It does mean there is a danger' n lii I. going out to face a mob of Park protest has become a focal Save the Park movement," she of us being used as a vehicle by P = Sue Neales reports. point for many Victorians worried wrote. "The vast majoritv have others to pu.sh their own agendas, ret the incongrous setting for about the style of the Kennett never been involved in acts of civ- but 1 don't think there is any' this confrontation was not the Government, especialiv its ap- Grand Prix racing track at Albert il disobedience before. But we are chance of that because organisa- barricades of revolutionary proach to the principles of de- Park. quickly losing our innocence". I- e. but the children's adven- mocracy. there are no apparent tionally we are so narrowly focus-' For many of this group, it was Many sceptics, including the ti playground in Albert Park signs that the movement is a front ed and strong." p the first time they had ever been government and the organisers of k wk. for the Labor Opposition. Even this week, despite the involved with demonstrations. the Grand Prix event, Melbourne Mr Stewatt says it has been a release of plans to build the 1 ne protesters, wearing yellow The first time they had been on Grand Prbt Promotions, admit to deliberate tactic of the group to Grand Prix track around Albert cf ribbons and singing their protest the "other side" of the law from being surprised by the tenacity remain free of any political tags. Park on Tuesday and a pledge by sono _ "Do you hear the people the police. The first time they had and strength of the Save Albert He, despite some claims to the the State Government that the' si — were Irving to save their had to learn non-violent civil dis- Park group. contrary, is not a member of the race at Albert Park would go bi 5d Albert Park from the first O obedience tactics, contemplate Despite attempts to brand Labor Party, and believes there ahead, the SAP group says its re-, cM: w ds of the bulldozers and the the possibility of arrest and the them alternatively as disaffected are probablv equal numbers of solve is strengthening. iree-cutters. sent in as part of the spectre of a black mark on their local residents whingeing solely Labor and Liberal voters in the (iovernment's decision to build a personal records. for NIMBY (Not-in-my-back- group's ranks. Continued: PAGE 21 tx) 0 K3 cr A tARK WOULD fiE THEIR tSRANd PRIX CD From PAGE 20 H- hi The success and momentum of the Save Albert Park group relies Q on the dedication of its members, its organisational efficiency, the ^ simplicity of its focus, and some luck, admits Iain Stewart. .Most of its inner circle of mem- bers are now part of a telephone tree network, a system of calling different "cells" of people urgent- ly once a rapid demonstration H- needs to be organised. On one re- X cent occasion, within 35 minutes of the telephone tree being acti- vated, more than 100 protesters turned up at the children's play- ground. 1-3 Training is also central to the cr group's impact. All potential pro- CD testors have attended weekend and night meetings at special lo- > cations arcund the neighbour- Oq hood, to be taught die rights and CD wrongs of :he peaceful, non-vio- lent protest game. Groups such as the Wilderness Societ)', the Fairlea Women 's Pris- on vigil ard the Firzroy Legal Ser- vice have discussed their experi- o< ences with peaceful resistance and advi,sed on the associated le- CD gal issue* at the training work- 3 shops. D- Offici-als have also been ap- •There is a danger of us being used as a irlncle by others tn push their own agenda: CD pointed within the group, wear- ing arm-bands clearlv identifying few unfortunate Melbourne Parks • it is regarded as a park for all of holding of the race at Albert Park themselves as police liaison ofii- and Waterways employees trying Melbourne, not just the local is causing. to construct the Grand PrL\ track IV) cers, protest peace-keeping mar- community'; Save Albert Park representa- and associated infrastructure. (T\ shals, legal ohserx'crs, medical of- • the relative affitience of people tives are also lobbying potential ificers or press liaison people, Local police have also been who want the Grand Piix moved advertisers interested in market- ' At the firs: hint of anv demon- kept informed of the group's means the campaign is well-re- ing their goods \'ia the Melbourne strator getting out of hand, failing plans, in return for agreeing to re- sourced, and ('.rand Prix. 1 hey are asking these move any protestors from the to bi! peaceful or refusing to obey • the large numbers of articulate corporate sponsors if thev reallv UD demonstrations at the request of instructions from the protest or- and high-profile academics, art- want their product's image to be KD organisers. ganisers, a peace-keeping warden ists and professionals living in the coupled with an event that is. or Will remove them from the dem- Mr Stewart said this pro\ision area. may well become, a s\mbol for was necessary to prevent poten- onstration. community discord. tial charges that the demonstra- "There is also the .symbolism of "Most of the people in our this move — to manv Melbur- The final plank of the campaign X) group are middle class and tions have been taken over by nians the city is about parks, gar- is to win support from other influ- middle aged Melburnians who "rent-a-crowd" protesters in the dens, culture and traditionalism, ential organisations in the com- have nevei been involved with future, such as were made in the not about glitz, fast life, ailvertis- munity. Last Tuesday, for anyihing like this before," .said ugly Richmond Secondarj' Col- rv) ing, and money that the Grand example, was the first time the Save Albert P.irk campaign direc- lege demonstrations earlier this O, prix has come to represent, " Mr national director of the Australian tor. Ms lenn Chandler. year. I Stewart said. Conservation Foundation, Ms "These wtrkshops were neces- Another big help in the battle to Tricia Caswell, had publicly put IV; While the public face of the sary to teack people about peace- sustain public and media interest the weight of the mainstream en- Save Albert Park group is lohn ful, non-vhlent demonstration in the debate, savs Mr Stewart, is vironenmtal movement behind that the C.rand Prix — and in par- Diedrich and his passivi' |ni.ies and what their rights are alter the Kelocate the Grand Prix push. ticular the handling of the deci- tors, bedecked in yellow ribbons, they becorie arrested. " And the support of the union sion-making process bv the Go- being arrested at the construction I he resili is that none of the movement, ivith its ability to stop vcrnemnt — has become a major site, there is a much more sophis- proiestersare naive about the son work on construction sites, is cru- poliiiral issue. ticated campaign going on be- of light hey have coinrnitied cial, if the building of the track is themselvs to. All are prepared to hind the scenes. Mr Stewart said that contrary to to be delayed. A meeting of the stand in the rain, rotate on vigil On another level, the group is claims by the premier, Mr Ken- Victorian Trades Hall Council rosters, le in front of bulldozeis continuing to keep the pressure iieti. the Save Albert Paik group executive is expected to consider and, if lecessary, be arrested in on the Government poliiicnily was noi anti-Victorian or anti- the issue on Mondav night. an eflor to save their park. over the issue, using I refdoni of Siaic. hut simply seeking to save Information and othiM I ; J avi "I he game certainly isn't up liur i ha^ been made dear to pan ol the heritage of Melbourne nues to questioi' l-.^w die Grand yet," Mr Stewart said. "Of course, everyoie that the the fighl is a for luture generations. from time to lime I get despon- philosiphical battle with rules. Prbt came to Allien Park. Other key iiiHuences in the de- dent and wonder if the campaign The agiinient is with the State At the same time, international bate have been; is futile and we are all beating our (Movement, to get the Grand Prix Formula One racing chief, Mr • the historical importance of Al- heads against a brick wall." movel from Albert park, not a Beriiie Ecclestone, is being kept bert Park to Melbourne since the "Hut what we are doing in this narrnv anger to he laktui out on a fully aware of tlie continuing re- Iflnik: sentment and disconteni the campaign is pulling out brick bv brick from that wall. " Appendix 10 Magazanik, M., '1997: V/hen the Grand Rrix Cotnes To Town' The Age, December 18, 1993, p.9 b'xJ) had been swayed by Mel- ih/crana.PM was the lewel in By MICHAEL MAGAZANIK bournes biiu:er population, and iLS the crown". Meltwurne will stage Ihe Av;stra- posiiion as ihe sportin!! capital of _lThis will ensure thatjie lian (ormula one Grand Prix Ausirali.-i. "-e believe it -Aiil '•e nave.ji.n_ev.'-n.i here not nr.2v_ around Alherl Park ! f.ke r-r at -•^i-jL-iiLS-d • ' '-rs ."r-' •;.- r :r. i':/-::- •fi-.r, A..;il.i.u.' c',.-.;ratf;d national t-venLs." he saliT The riice. televised lo 5'."J mil- _ the (>rand Prix lor the next three The bid lor me event was led hon people in 102 countries, is vear^ bul .Mr Ker.nett SAid Victoria bv .Mr Pt.n VaUer. the chairman CKr>^cied 10 create iOOO jobs, 'would l-etin siaiiini? the even! of the Melbourne .Major Kver.ts pump S50 million into tne Vic- sTKini-r If f'-r any reason Adelai':e Comranv and former lord mayor torian economy every y*ar and did noi wan to f r,.-nplcle lis crn. It was bac'/.ed by the Premier. boost louri«m. tract .Mr Keonett said that '•'.r. Mr Kenneit. ^'ho held secret talr-.s The Grand Prix was snatcsed iAi:i iTiiiini als', choose to with Mr tcclesione wr.en he visn- (rom Adelaide, wmcn has .-.osted the event :n Mir'h. :! possible ed London in Jjly. ostensibly lo ttie race (or nine years. '.firo'JEn 12 •If anyone e.er douSte-t. secure riEhts to the ?iay 'Sunset montns o( s^ecrct neeotiations ^iin Ion:: -m the rr.'.ve, 1 ihir^r Boulevard'. ttie pre-vidcni of the Forir.'.ia One. thirs* doubts have been put I'; ore The deal was signed in London Cotvstruciors A.-isociaiion. Mr Ber- side." he said in .September but formaiities >»ere nie Ecclestone. The city has an .Mr 'iaiker 'aid SK rr...'.:'/r. concluded onlv on Thursday. option to host the race for a second •ti.uld be mean that the «ll-lmporlanl formula one lop- The Melbourne Grand Prix m«> not be held >t the driver position would still be open. It Is believed same time as the Adelaide event — the first the Formula One Constructors Assoclalion Is weekend in November: Orgtnlseri »re keen lo agreeable to the suggestion and believes It could be stage the race In late .March. In the hope of better slotted into Iht formula one calendar by 1S>7. A weather, spinning out the city's sporting calendar, second alternative. If late .March proves too and 10 avoid detracting from the spring racing dllllcuU, Is to hold the Grand Prix In October. carnival. .An earller-ln-the-year Grand Prix would The track oends and curves added. .Many new buildings. It Is not vet decided which way the GP circuit will Including grandstands and vantage points, will be run around Alben Park Lake. While It was anti- constructed and a large car park added, although clockwise before 1»58. drivers may laekle the new none ol the parks or ovals will be lost. The future track in the more conventional clockwise ol the old South .Melbourne ground Is not yet clear, direction. Organisers said yesterday that the track although a massive overhaul appear3 certain would need to be virtually rebuilt, with several The company Ron Walker, receive no pay (or their work. Fellov The Melbourne Major EveniJ Company, which woo directors Elizabeth Proust. John the rights lo the AuitralUn Grand Prix, wai Appendix 11 Taylor, T., 'i|50in Annual Boost Expected to State', The Age, December 18, 1995, p.1 to state By THOMAS TAYLOR • —. • A lot o( beer gets drunk, in Ade- But Mr Baxter said Victoria's tourism might not jump as high as TSe .v.fiB.Tj.-r.e (irand PriX would laide." said Dr Trevor .Mules, the ripecied. The state had already p;.mri bl l<-h~; ii'i miilion snnualW deputy director of the L'niversitv- benefited from the Adelaide inio itie Victorian economy, creale cr Adelaides graduate school oi manaBement. ••'•no studied the Grand Prix when many race visi- Itif .-gjr.aier.i UWO !ull-time advantatfs and cisadvantaRes ot tors travelled to Adelaide atter - j„:r-. ^r.fl ai-.ri,:! ler.s o! tftcuiincs the first .".delaic? Grand Prix in staying in .Melbourne lor the rac-. c.r !0'jri-.i.». .•;'.c(.rc;r.i! 10 tr.e Pre- 1!)H5 ing carnival. mi'T. Mr Kcr.r.tn. ano !f.e crzan- lir Muk-s said the iosers would ()/ I-.*- (ll/i The .«tudy also found: !><• IrK.-il f.- .'P'.-fi [.!. .. . .J. ;C. nii'U-is. rcsta'.-rants and ui.iti ri t.r.,' r -r.is; ir^i a ur,(. icru:-. i-.'.ti >male, and entertainment complexes repon- ais — irrc^P'.n^iMe ed t.ic race had a positive impact k'ji .J.I .jr.:::;.-.; t,.' :ne l!)S-2 Ade- on Du-inesj. r.ot just during the .rr.'- : : r. I- i ••:rr.£l;onal Cra.-.i; Pr;i ty Price 'iaier- (Irand Prix but at other times of tinrcrrc^'c ifjcies ' Unsourced, 'What a coup! Big Race is Ours', The Age, December 18, 1993, p.9 What a IS ours Victoria h^ snatched the Australian form^ila one Grand Prix from Adelaide in a $60 million deal keprsecfsyiniil the last minute. After 12 months of confidential neeotiations. a triumphant Premier. Mr Kennett. yesterday announced that it was the man ^Icgilins thing lhat tiad happened m the 14 mnnth^ •iince; hne wawass electedeieciec . 1 he race, which w^l be run around Albert Park Lake, will be held from 1997 foi^t least five years. Grand Prix week — probably in late Mfrch — will include a yacht race and a boat race on the lake, a classic-car re-enactment of the 1958 Melbourne Graml Prix and a VIP car race. Organisers say it will bring big benefits. incJuding 1000 jobs, a $50 million-a-year boost to the economy and up to 500.000 tourists. In a deal that has been kept secret since it was signed -three-months ago.-Melboume fought off challenges from China and Malaysia. Adelaide, which has hosted the race since 1985.. learnt of its loss only yesterday. The new South Australian Premier, .Mr Dean Brown, said he was "shattered", but Melbourne had a watenight contract. Qy .SUE ME&LES. THE GRAND PRIX EVENTS V»cJorian afffftrs ed-tj H T-« to"r'j'2 'j't g'anl pii. stag*'! M^'ch • A 'o'T-yiB o"? boa? race oi A'fctrt Pa'% ift. m A c'ai^ ca' "s ^racf^fnl o1 t^e 1S58 O'Sf'i P'u s fa'.e &i *'t.en PtrV ts^c. THE BENEFITS •ir' ifi'-iBii mto ; a WJO M'. jot'. o! the hf-ari . f M • t! leajt JVj r.ilion s year lo the t'.y.t s tco'-r-'iy B to SCO 0'/) .fHiiofs to M«l&oumc a ''/j mi-iron c>«opie to witch ihc race i") 102 cc>u''i"%J. a SX m.il.on 15 upqracJ* t^« AIB«rt P»'V a't^, •DCt-j'Jing s»3tir,g lo' '•'T.y/i at points. ^^s done f issocMes throvfh Metbounte'f Crown casino group, la wblch their companies are (he main share- howeni. Mr %'aiker's Loop4>anner« «:ere s^om lo cdnridentlellty once (he firs( dimmer of winnlni (be • Grand Prix b«ck from Adelaide was seen when Mr Bannon stepped -iih Mr Bano'-n g«r5e. tbe time w.-is rir>e to wi/O Mr Etclejrur.e T*'. >e» jr< la-fr. when V.r Ken^ neit and hn Liberals golred p-iw- t r. wrunnR ihr Cthl »as higt: on his lisi of Governrrefit j-rtoriuev Almfisi Immedtately. Mr Ken- n'«!( turned Ihe Melbourne Mtjor Kvrnt* fompuny from a bro-idly l>.ved ar.l1 r-'-'-rly commit- Iff into n company wiifj Mr I'e'k- f-r ;j5 a« hca'3 Mr Stone, no* the head of CUB. woKh hn,3 a!a8i>s ip*'a*ored the Atiei.-^Kl" Griind Prix tf-toufih IW I Kslef> ••fdf.d. u«s pji on irii- firvt <>;»! ^as signed e«rly thi« >« rtr. Et\ir,R Metboyrne aft lot' li.it (liMusvion ac^'^nienl. on the vme fnottr.fi :>< ri.»K BeljlnR Jsnd tn July, uhen Mr Ken- n. !i V liii^d I or.dc n lo win the m.i S-.-n'M fu.-.ie-.erJ' tor Mel- t-'j'nr. h» ard .Mr Frct'-jtore vjtr.nl ne*t f p 'jf Ih' procw. '*inrir>; Mtli/':.:-n? rreference «-'.«r olft'-r ^orld CJties the final d'.-il. putiir.K .'•^•ibc-rne ahead ft M'-\:w> fr-.m S. f.Ti '. n H J.'-piember •-•.•tft ;i ff.r:al ^A ele.'tio% In pfxr".' ;«n>J if.e l.it..er8ls l£.i.k;r.ji liVf- r-iuer U.r tne firjl tMr,^ in M ye;ir>, r.ell^•r Mr f>r.- ricii nr.r Mr "An'ker hftrn thfr colleagues" chsn^e^ with (tie nrws tfr.n VicKirn s Lib er;»l (i'V^ornnenl had ^etjed ACe faiCe c pntfc Th<- fiRi-i for AdeUKc Cur!" ihr^-e -i^eii* ftgi. when CL'H dr'rp«-d III U r.lHicn «:>rtr»or!'h)p ••t I'le Adelrii'le Ofsr.^ Pni I'.^frfday. a new Lrheral Premier «jif'>ly ift'ts^ed In Ad*. Appendix 13 l.iKje. Mr "Aftiker er.d Mr Kennett Ifli «.-i?e in nnn'-jnte Mel.^Owrr.f'5 (;fand Pnt win re* SA Pre- mier. Mr [»ean prcwn, fint heard the b.id r<-»< in person from his leOcrai Liheral panv ires^urer. .Mr Uaiker Neales, S,, 'How the Leal was Done' The Ase, December 18, 1993 p.1 res^r^e big chunkj of the hotel Wales join smaller groups o( tour- Mr Ru.^sell said his only con- Councillor Frank O'Connor, yes- lor Tim Costello. said last night ational facility. It's one ol the ma- overlociking the planned race- ists from the other states and over- cerns were thai local residents By DARRIN FARRANT terday called for the race to be tliaJ-Jhe expccted influx ol Grand jor factors — &Tui.a -.er/ positive track The calls were few- — only seas for the formula one race. 'would stJII be able to park In the arvd THOMAS TATLOR held in the Docklaods ^nx spectators would provide an iff('-<-ir;i Appendix 14 Farrant, D,, and Taylor, T., 'Fear and Anticipation over G.P. Plan', The .Age, December 18, 1993, p.8 In the fast lane; R'.n W F^ctur* nXiUI VHTIMA Alfo ai ihe meeting >^ere tv^o fund the race, the,Government is be- (in S>dne>l expires In a coupie ol lalking ahoul It. f would firp down Major Lvi-nis Company lawyers and lieved to have underwritten a loan to v'-ars" lime and it will be up for nego- tomorrow." Mr Walker safd. Sccti a Carlim an-J United Breweries so- the Major Fvtnis Company to enable tiation. wp ire pursuing that and I've "I am absolute!) ccnlldent that if licitor and director. .Mr Ken Carnle. 'the deal. Ic-ld John Fahps thai." Melbourne hadn'i selied the opportu- Pritatp sponsorship would proslde r^HE man behind Melbourne's Mr Carnlc's presence Indicates that The South Australian Government nity It would have pone oserseas. CUB — which withdrew Its sponsor- the fuDdinc, Mr Ualker said. formula one Grand Prix coup has bitterly attacked the moie after ship Irom the Adelaide race (his year alihou{>h the race would probably "11 will locus Melt>ouroe. Austra- - - jfsltrday predJcied thai the l«-arning of the decision only on — plaved a key role In the move. onI> Just break even. lia. in 121 countries and SM million Ausiratian Motorc)cle Grind Prli Thursda). despite the formal deal people will actually see what Mel- Mr Walker said that Mr Eccie- Hould fclurn lo Vlciorl*. Sources said thai CUB, Crown Cas- wiih the Major Events Company bourne's all about. That's the great stone — who also controls the moior> The chairman ol the Melbourne ino and the lob^cco company PhUlp heini; slpned on II September. Joy of thls.- Major K>enJs Company. Mr Ron Morris were s^t to be the main spon- c)cle grand prii — had been Walker, who spoke to "The Sunday sors of th" Melbourne Grand Prix, impr«-ss*d b> Melbourne's passion Mr VValker rejected criticism from The ma>or of South .Melbourne, A^f' al the Albert Park Lake sMe, which K estimated to cost million for sport, its ^btllts lo stage big senior South Australian Liberals lor Councillor hranfc'TJ'Connof, »aT?..tSe rfve»ted hou the deil was secretl) to run over the )«-ar8 from I»97. events and the r-ntr.utlasm wlih laVing th» rvfni Irom Adelaide. Grand PHx wou[d_be_FboAsi'or Mel- niad^ in March — six months before V.lclorla's Spores Minister. Mr Tom which il had pu'rsu' d (he formula one Thc> hav Ihreatpnid lo move bourne and vicloria. but be wanted the contract was forinalty approved. Kcvnolds. ronllrtned >esierday that racr. against Mr Walkrr s position ai fed- Me said he made a handihakf deal the Governrni-nt had guaranteed ;o "I can assure >ou the motorcscit eral trea'ur^r of the Liberal Party Ko^i^crai^Ro.ad area, rather than Milb the {nicrnaiionai {ormula one back tobacco advertlsinR at the Grand Prft will return to Phillip next year. open parkland. organiser. Mr Bernle Ecciestone. to Grand Prix. Island." Mr Ualker said, "ll's only a "If the .^oulh Australian Liberals Mr ffalker said the crltfclsftis bring the race to Melbourne at a Ahhouyh j^h^ Premier.' Mr Jeff matter of lime. can lind a treasurer who can raise were premature unnf iRe couBcIl meetinf! In London. Kennettrsald taxpayers would not "The contract with Eastern Creek the money Instead of sltling around 'savr thr plans for'nie pfecTnci. 1 Appendix 15 Porbes, M^, and Thompson, S,, The Age, December 19, 1994, p.1 Appendix 18 Thorpe, D., 'No Threats Today Thanks' featured in Access Age of The Age, Edited by May 30, 1994, p. 12 JOHN MESSER Grand ITix chirf? Conic olT it, the ITcmier is hehind this MI rxclesttmc chose Melbourne for tlie money; A big build-up for location is not ctndai to him. And we don t want tobacco advertising either. John Dobinson, the Grand Prbc North Balwyn. from Ralph Neale, OAM. editor-of Landscape Australia No threats today, thanks magazine Mow dare Bernie Kcriestone hold a gun at our heads. As an ex-l.ondoncr I know he would almost certainly Prior to 1992, park filching and be banished from the old Dart if he wanted a race management practices that were track in Hvde Park, the peoples park Albert Park is incompatible with the role of a our peoples park. Not to give consideration to an public park robbed Melbourne's alternative such as docklands is being pure hloody- re.sidents, particularly those who lived nearby, of much enjoyment Doreen Thorpe, from Albert Park. Mallacoota. Ironically, no one is really to It all comes out in the lake blame except successive Victorian Ihe Major Kvcnts Company hasn't yet determined Governments that pauperised the how to best construct a Grand Prix track over the park although. In the past, the unstable ground al Albert Park. When they do, the management committee has borne cost estimates mil skyrocket. Obviously cos is of most of the criticism. little concern when you privatise the profits ana Looked at objectively, the socialise the losses. u™,nn management committee's prob- Jackie Beckmann, lems all stemmed from lack of South Melbourne. funds, forcing them to negotiate ---.»il>e corvirn with commercial interests and orga- nised sporting bodies to maintain the park in a semblance of order. As an illustration of their difTicul- ties, until quite recently, the State Appendix 17 Government annua] grant did not equal the stale payroll tax paid by the park management committee each year. Put simply, Albert Park Venables, R., 'Government That V/e Surely was financing the State Govern- ment, rather than the reverse. Don't Deserve' featured in Letters to the Enter Melbourne Water and its successor Melbourne Parks and Waterways. They began with grand the Editorof The Age, November 17, 1994 plans carefully drawn up after public consultation with the help of private consultants. p. 12 However, following Premier Kennett's announcement about the Government that we Grand PrLx, in December 1993, the plans were all thrown out the surely don't deserve window. Melbourne Parks and Waterways received their orders to frnm Kiissell Vennbles produce a plan that could be "sold" It is a basic principle of democracy that to the public. all citi7,en,s are equal under the law. Obediently, they produced a Parks for cars " But not any longer. Not in Victoria. Not only has our Government glossy brochure that omitted the VVhere are the car parks in tiie plan for Albert Park? infrastructure that goes with car Ate all the spectators going to go by public transport, brought down legislation denying racing and only showed a thin black or are some more of those nice green areas going to Victorian citizens full access to the line to represent the race track. In be chewed up? processes of law. but it has now intro- duced an amendment, excluding this wav they completely hood- Ken Norling, winked the general public into certain classes of citizens from this believing that the new plan would But don't think those buildings are East SI Kilda. provision. mean an improvement to the park. going to be inconspicuous and Dice with debt While the privileged upper crust Used to seeing the park in a run- hidden by trees. To proride a grand So the OP we have to have, is to be funded by a (including, of course, Messrs R. Walker dowTi state dotted with many small view of the racetrack, they are going gambling-led recovery? How? With massive and H. I-.cclestone) are to be exempt shabby buildings, some on filched to be big and very prominent. Government sackings and increased charges? from the rigors of this law, the rest of sites and having no legitimate place Albert Park, in 1996, is going to be Kevin O'Nell, us (sometimes known as non-cronies) in a public park, the general view dotted with very large buildings Mitcham. will now have to accept our second- was. 1 believe, that it couldn't be quite out of place in a public park. Childproof class status. much worse and it might well be The perfect example is the pro- Another aphorism states that the much better. posed new building for Melbourne Oil rage! The Grand PrLx road goes alongside the people get the government they Parks and Waterways. children s playground. The playground built by the Well, I have news for them. It will receive no nominations for community was placed away from roads to provide a deserve. What the public does not yet real- safe and healthy place for children to play. Children But what, oh what have we done to ise i,s that the tenants of many of the RAL\ awards next year, but you don t rate in this state. When is the next rally? I will deserve this mindless, gutless, shower those small park buildings are, will notice it. be there. ' of time-serving sycophants on the through the Grand Prix organis- I am referring to the proposed Government back benches, meekly ation. now in contact with multi- cafe/restaurant, kiosk, boat-hire Anne Crellln, rubber-stamping this draconian legis- national companies and negotiating and park administration centre. Alphington. lation, and making a mockery of any big deals. With all the park to choose from, Keeping In touch pretension to democratic Government. In return for rebuilding their they are siting it at the north end of Mr Kennett and Mr VlSilker doing their now familiar Russell Venables, clubhouses, thev are offering the the lake, where it will ruin the sail- rendition of Me and My Shadow' seem to be scoring Eltham. sponsors free use of the buildings ing course and be extremely promi- top idhng almost daily of late. Nice to see leff during the Grand Prix. nent. Great work Melbourne Parks regularly consulting with at least one voter on It seems .sensible, you may think. and Watenvay.s! Ralph Neale, important i.ssues alfecting our state. Nioiit Albert. Pat Tute, Geelong' Lest we regret How pi-ciiliar ihat the Ketinctt Government should consider spending $52 million on the Albert Park- Appendix 16 Grand rix proposition while retaining the $100 pol( ax. 152 million is $100 by 520,000 titTies. In paying he $100 tax we were exhorted to remember the Neale, R., 'A Big Build Up For the Grand Prix' cam-Mrnei governments. In continuing to pay the tax, whom should we now remember? featured in Letters to the Editor of The Age, November 26, 1994, p.18 Appendix 19 Tute, P., 'Keeping in Touch' featured in Access Age of The Age, May 30, 1994, p. 12 Appendix 20 Magazanik, M., 'Secretive GP Policy Risky, Tribunal Told' The Age, August 2, 1994, p.4 By MICHAEL MAGAZANIK support the Grand Prix." Mr Murphy By refusing to release secret financial said. documents relating to the Grand Prix "It's a return to the trust-us phi- the State Government had adopted losophy that has proved so disas- the "trust-us philosophy that proved trous in the '80s. It's a case of politi- so disastrous in the 1980s. " the cal judgment without accountability Administrative Appeals Tribunal was ... the Treasurer is saying 'trust us. told yesterday. We v»nll give you die information The tribunal was hearing final when we think it necessary' ". submissions on an application by a Last week the tribunal heard that Labor Party frontbencher, Mr Bruce the State Government agreed to back Mildenhall. to force the Government the Grand Prix vnthout having a cost to release about 40 documents relat- benefit analysis evaluated by Trea- ing to the Grand Prbc under Freedom sury. of Information laws. Yesterday Mr Joseph Santamaria, The four-day hearing concluded counsel for the Melbourne Major yesterday when Judge Warren Fagan Events Comoanv, which negotiated reserved his decision. for the Grand Prix, said Mr MUden- In a related development, the Gov- hail had "adduced no evidence" to ernment yesterday denied Mr Mil- support the public interest argu- denhall access to a second group of meni. documents relating to the Grand Prbc Release of the documents would he had also been pursuing under FOI damage the ability of MMEC to do laws. business with overseas promoters, In final submissions yesterday Mr Mr Santamaria said. No one doing Damian Murphy, for Mr Mildenhall, business with MMEC could be conn- told Judge Fagan that the public's dent that sensitive information interest in knowing the extent of the would be kept secret. Government's financial involvement in the Grand Prix required the Mr Santamaria also said that release of the documents. MMEC competitive position m rela- "What is happening here is that tion to competing major events com- the community, the taxpayer, is panies interstate would be damaged being asked to give an open check to if the documents were released. THE SUNDAY AGE (MELB) Snnday 18 September, 1994 Page Lawyers angry over race bill •v., an overlapping of jurisdiction be- An expert on administrative law limit or, in many cases, exempt alto- This is far more restrictive, and citi By Mark Forbes tween the courts and tribunals. She with Gerrard & Sluk, Mr Stephen gether certain actions or events from zens will have no one and nowhere t and Gervase Greene said the council would not approve Newman, who is also chairman of Supreme Court consideration. turn if they have a grievance. That i of the clause. the administrative law section of the Several prevent the court from despotism." AW groups have attacked State "We would say that cuts across the Law Institute, said the Grand Prbc bill even "entertaining" an application Since 1991 any limitation on th Government legislation estab- principle of general access to the Su- had curtailed ordinary citizens' to have a matter heard, meaning the Supreme Court's reach has had to b I lishing tlie Grand Prbc at Albert preme Court," Ms Crennan said. "So rights. court is not allowed to consider specifically written into legislatior Park, which prevents challenges to we would be against it. "The Government has determined whether it should be involved. and this has previously been used t( the Supreme Court. "We don't like those clauses if the that we will have the Grand Prix at This also makes it extremely diffi- limit relatively minor claims, oftei The Victorian Council for Civil Lib- only effect is to reduce the access of any price," Mr Newman said. cult for the High Court to become involving lanci compensation. erties and the Bar Council said the individuals to the courts." involved, as it generally can only con- Despite mounting anger anion] new law would stop people affected The Bar Council would examine hi Mr Tony Cudmore, a spokesman sider and possibly overturn points of affected groups and the legal coin by the race from seeking redress in detail the issue of such clauses this for Mrs Wade, said the provision was law made by lower courts. It cannot munity, the Government remain the courts. week, she said, and it might take its not unusual and had been used by directly override a state law, and the unapologetic. Supreme Court is a creature of State Under the legislation introduced concerns to the Attorney-General, Labor. Mrs Wade defended the curbing o Government legislation. into Parliament last week, the Grand Mrs Jan Wade. "Ihese provisions in the bill are judicial re\ievv but cited the parlia Prix will be exempt from planning The president of the Victorian not unusual in bills that deal with Many leading members of the bar rnentary procedures by which it wa: and environment guidelines as well Council for Civil Liberties, Mr Alan large developments and projects of are furious at what they describe as done as proof of the Government'! as from Freedom of Information ac- Goldberg, QC, said the jurisdiction of major importance to the state," Mr the Government's distortion of" the commitment to the Supreme Court cess, and — most controversially — the Supreme Court should not be re- Cudmore said. executive's role. One senior barrister She told the Melbourne Universit] people detrimentally affected by the duced. The Opposition Leader, Mr John told The Sunday Age that what law school that limiting the court'! race will not be allowed to do any- "The council's view is clear: access Brumby, criticised the exemptions as appeared to be a snort-sighted politi- jurisdiction and power now had to b« thing about it. to the courts ought to be available to "draconian" and as amoimting to a cal tactic would cause long-term justified to Parliament and formallj The Supreme Court will be pre- anyone for any dispute between citi- licence to let the Government do damage to the community. approved by an absolute majority o vented from hearing compensation zen and citizen, or citizen and gov- whatever it liked when running the "The judiciary is an arm of govern- both houses. claims, effectively closing off any ernment," Mr Goldberg said. race. ment: it is there to rule on the rights "This commendable provision right of redress for the public. The Grand Prbc legislation is the or wrongs of claims, and you can't which is unique among the Constitu He said the issue was highlighted latest in a long series of Acts of Parlia- just cut It off," he said. tions of the Australian states, wa! Ms Susan Crennan, QC, who chairs by the previous Labor government's ment tliat have employed this tactic. "By our reckoning, up to a quarter forced {(pon the former Labor gov the Bar Council, said clauses such as use of such a clause to forestall any Many of the Government's most con- of this Government's legislation is ernment by the Coalition partie: the one that deprived the public of challenge to the granting of land to troversial reforms have featured limited in this way, and it is nonsense when in Opposition," she said. this right were justified only to avoid Collingwood Footoall Club. sweeping clauses that either severely to sueeest the other side did it too. Appendix 21 Forbes, M., and Green, G., 'Lawyers Angry Over Race Bill', The Sunday Age, September 18, 1994, p.5 Appendix 22 Save Albert Park, Newsletter, Issue 6, October 1994 Save AJbert Park Fax: 690 3544 P O Box 1300 City' Road. South Melbourne, Vic 3205 Phone: 690 385S Issue 5 Newsletter October 1994 SURVEILLANCE FOR ALBERT PARK If you've been waiching ihc 5 year tree planting scheme in the The following quotations give an leievision news ihe last couple of light rail reserve in Canterbury indicaiion of the intensity of the Sundays you'll have seen that the Road fbeiween Albert Road and reaction to this Bill: Fraser Street) a number of dead, ParkWatch programme announced "The Kenneit Government is diseased or weakened trees (which in a previous Newsletter Is well displaying disiurbing authoniarian have been marked) will be removed and truly up and running. The tendencies in its determination to or pruned .soon. This is not in launch, by the Park Action protect the Albert Park Grand Prix Albert Park Reserve and according Working Group, on 18 September from public scrutiny, legal to our information is independent was a yreat success. (Thanks to the challenge and statutory of the Grand Prix proposal.! Slipstream Kiic Team for the impediments." spectacular display.) •'... the ParkWatch now has Government's effort over 200 volunteers, ''Ring of Protest'' to cocoon it (ie the organised into nine 5:30 • 7:30pm Sunday 9 October Grand Prix), its teams. Each team is An event lo ring Albert Park Lake at dusk. sponsors and itself, responsible for keeping Gather at Ross Gregory Oval at St Kilda end of the Lake at from every possible a constant watch on 5:30pm for speakers and briefing. Then we'll ring the Lake with contingency goes their area of Albert torches as a symbol of protest and protection. well beyond what is Park, and stays in touch Bring a torch (pius spare batteries) and a radio for acceptable ui a free through a 24-hour pager simulcast broadcast. and democratic service. Bring your friends and their friends. society." Help re-locate the Grand Prix and Save the Park. 'The Ace" Editorial, Sources close to the About 100 marshals are needed. Grand Prix organisers 17 Sept.. 1994. Please phone 690 3855. tell us that over 600 '•With the trees arc destined for introduction ... of the destruction (publicly Australian Grand they have said and Prix Bill, the tnai they'll probably be felled in Australian Grand Prix Kenneit Go\ cnimtni may well the middle of the night in the hope Rill have set a new standard rfpoUiical of avoiding protest. Not a chance! This Bill has resulted in widespread arrogance. As we report today, the They won't evade ParkWatch that concerns over the extent of its hill has ouite properly i)een easily! powers. It seeks to: condemned hy vnrious U'gal groups • Exempt the race and track including the Bar Council and the If vou want to loin the ParkWatch construction from environment Victorian Council for Civil throng, and impress your friends and planning laws: Liberties. Ii is a bad bill, even a with a stunnmg ParkWatch T-shirt • Exempt race contracts from dangerous one." (only S20 to members) give the Freedom of Information laws: office a nng now. "Ill-restrained power is seductive • Restrict jurisdiction of the Park Action Education Days and there are disturbing signs that Supreme Court to award will be held on Sundays 2 Oct. and the Kennett Government is compensation: succumbing to it. Jf it will not 9 Oct.. I{)am-3pm. St "Vincent's • Enable the responsible desist. Victorians must understand Boys' Home. 237 Cecil Si, S. Ministers to grant a liccnce for what is happening, and resist. " Melbourne. i The second day will race works to the corporation 'Tlie Sunday Age" Editorial. be a repeat of ihe first.) These are even if the Albert Park 18 Sept.. 1994. 10 prepare Save Albert Park committee of management mcmherv lor peaceful proicst rcfusc.s: Stop Press action and will cover • Set up a new siatutory A.s we go to press our Convenor. cnvironmenial. legal and action authority to run the racc. Iain Stewart, will be appearing issues and include a police Save Albert Park's convenor. Iain before the bi-partisan Scrutiny of briefing. Places arc limited so Stewart, said the proposed Acts and Regulations Committee bookings are essential - phone legislation was anii-dcmocraiic and of the Victorian Parliament. The Save Albert Park Office 690 3855. a circumvention of normal purpose of this public hearing of Bring u iunch plate to share. statutory protections and common the Committee is to determine if a Suiisiested donation to cover costs law rights, and that it also appeared substantive loss of civil rights or to allow the Government to pass human rights was likely to How [Save .Albert Park has been regulatiiins lo ban protests during from the provisions of the informed thai in connection with a the racc. Australian Grand Prix Bill. Appendix 23 Save Albert Park, Newsletter, Issue 3, July 1994 Save Albert Park Issue 3 Newsletter July 1994 THE FIGHT GOES ON! Since our June newsieiier. the battle WATCHING ANY GRAND PRIX backdrop of city and waterfront against the Grand Prix at Albert Park EVENT ON TELEVISION, THE • It would trigger a resurgence in the has been raging on many fronts. CAMERAS GENERALLY FOCUS commercial redevelopment of the Yes. It is a battle I THEIR ATTENTION ON THE area. IT IS A BATTLE OF RACE ITSELF, THE SPEEDING • Cruise ship passengers could view COMMERCIAL INTERESTS CARS .AiND THE SPECTACULAR the race from the dock, and VERSUS COMMONSENSE, THE CRASHES. THE VENUE SEEMS Melbourne would gain more cruise PRESERVATION OF THE IMMATERIAL THEN WHY NOT ship visits. ENVIRONMENT AND PUBLIC FIND A BACKDROP LESS PARKLAND. DESTRUCTIVE, LESS DAMAGING •A track could be built at a cost of S25 The main reason, it seems, that THAN A CONVERTED ALBERT to S30 million. Annual running costs Premier Jeff Kennett and Ron Walker. PARK? of the race would be SI2 to $15 Chairman of Melbourne Grand Prix WE REPEAT-. WE ARE NOT million, based on Queensland and Promotions, want the Albert Park AGAINST THE GRAND PRIX... South Australian experiences in venue is to have a backdrop of the city MERELY THE VENUE! running such events. for millions of television viewers and Isn't it senseless to disrupt Albert "Docklands is the site for the Grand to be close to the Crown Casino. Park, remove 138 mature trees, Prix... it makes better sense for THEY BELIEVE IT WOULD cause havoc, pollution, unbearable httsiness, the commtinir\' and the FOCUS THE WORLD'S noise on hospitals, aged persons' environment" said Mr Brumby ATTENTION ON MELBOURNE. hostels and residents in the area, "Ii would take five minutes for Ron BRING IN TENS OF when a more practical solution Walker or Jeff Kennett to pick up the THOUSANDS OF TOURISTS could be found? phone, to ring Bernie Ecclestone AND GAMBLERS. (Formula One boss) and to say 'We That's what Adelaide thought, too. have a better site.'" Their Grand Prix turned out to be a Docklands Option Ron Walker has conceded that real fizzer as far as overseas touiists According to a report commissioned development of the Grand Prix were concerned. by the State Opposition, a Grand Prix proposal had been badly handled in held in Docklands could be a superior not consulting local authorities and ONLY 2.695 OVERSEAS residents BEFORE signing the TOURISTS CAME FOR THE venue. IT WOULD MEET THE contract. Why can't Jeff Kennett do 1992 EVENT. AND THEIR the same,,, admit that a mistake has GRAND PRIX HAS LOST CRITERIA OF BEING CLOSE TO THE CITY AND HAVE GOOD ' been made.,, that a belter site, that MILLIONS OF DOLLARS. doesn't require changing the But Premier Kennett and Mr Walker ACCESS TO PUBLIC TRANSPORT. HOTELS AND fundamental nature of a park, can be still seem determined to risk PUBLIC chosen. MONEY & DESTROY PUBLIC THE CROWN CASINO. PARKLAND all for the sake of Other advantages, pointed out by ' THE SAVE ALBERT PARK drawing the world's attention to Opposition Leader Mr Brumby: GROUP WILL NOT GIVE UP Melbourne. • It would create minimal disruption. THE FIGHT UNTIL IT DOESN'T MAKE SENSE! • It would provide a television COMMONSENSE PREVAILS! Second Rally! Sunday 10th July -11:30am Speakers Bicycle ride • Concert • Carnival Meet at: St Kilda Primary School, Fitzroy Street Ovals Be there to give your support • Bring your friends and their friends Appendix 24 Neales, S., 'Grand Prix Gl^ Sparks 21 Arrests•^ The Age By DAVID McKENZIE, If the enabling legislation is re- move, announced in May, but de- economics correspondent, Under the Government's pro- would be a maximum of S500 a on national savings if e.xisti jected twice by the .Senate, it clined to commit the coalition lo November 8, 1994, p. 3 Canberra posal. fringe benefits tax on year per employee. new schemes are threatenei could also form the basis for a a course of action until the legis- income paid in the form of shares The Federal Government's plan The Government wanted to estimated 170,000 empi double dissolution for the Gov- lative details were presented to through employee share acquisi- to impose fringe benefits tax on stamp out tax avoidance by high share schemes are in operai ernment. Parliament in late October. tion schemes would replace employee share ownership income earners, who it claimed However, companies sue The coalition looks certain to Since then, the mood in the co- income tax, effectively shifting schemes looks doomed, ivith the had been able to divert large BHP, Pacific Dunlop. Tubem, vote to oppose the tax measure at alition appears to have hardened the tax liability from workers to coalition set to join the Australian amounts of their salaries into and Cadbury-Schweppes a party meeting todav. This substanti^y against the propos- employers. Tax would be paid Democrats in opposing the pro- share schemes. put plans for emplovee s would ensure the defeat in the al. The Democrats have been con- when share options were issued, posal. It also wanted to open up such schemes on hold pendine •Senate of the enabling legislation, sistent opponents of the Govern- not when they were exercised. schemes to more employees and outcome of the Governm" .A rejection of the initiative which is due to be considered to- ment's plans, and several Exe.mptions would be available integrate the schemes with indus- legislation. would be a setback for the (Jov- day in the House of Representa- companies have warned that the where shares were in the empiov- trial relations reform. ernment. which was looking to tives. new tax arrangements would According to the Demot ee's own company and held for But opposition to the move has wipe out tax evasion rons by ex- The shadow treasurer. Mr Cos- threaten the viability of their this could cost the Governi benveen five and io years, but in centred on the additional cost to ecutives. tello. has been critical of the e.visting share schemes. around SIOO million in lost i most cases the tax-free amount employers and the potenual drain nue. Grand Prix clash Picture: MICHAEL CLAYTON^i sparks 21 arrests By SUE MEALES. I ^ after their names had been taken, Victorian affairs editor with a summons to be issued lat- The row between organisers of er. Or .'^oel McLachlan. a retired the Grand Prix car race and pro- academic, was arrested twice and testers against the event being taken to the South Melbourne held at .Albert Park intensified police stadon, where he was later yesterday with a clash between released. police and demonstrators result- Inspector Garry Schipper. who ing in 21 arrests. was in charge of yesterday s About 80 members of the Save police operation, said the arrests Albert Park group gathered in rain were made under a section of the and hail to try to prevent contrac- Lands Act that prevented people tors for the .Melbourne Parks and from impeding work on Crown Watenvays authority from erect- land. ing a fence around the children's "I don't enjoy arresting people adventure playground in the — but I'll expect we ivill be here park. almost every day now until the Claiming the fence was linked Grand Prix is run. so we had to the Stan of earth-moving works better get used to each other.' and the construction of a new Further passive protests are race circuit road adjacent to the expected today, when an estimat- playground, the demonstrators ed 200 trees around the former stood around pole sites to prevent Hellas soccer ground are sched- their placement. uled to be cut down. About 18 police warned them A spokeswoman for the Minis- that further impediment would ter for Police and Tourism, Mr lead to arrests. Chanting and McNamara. said the protesters singing peacehiily. the 21 dem- were misguided demonstrating onstrators were arrested before about the fence, since it had the fence was built. nothing to do with the Grand Prix. .^mong those arrested were tiie "All this work is pan of a strate- ABC broadcaster Mr Peter Couch- gy plan released by Melbourne man. the convenor of the Save Parks and VVatenvays iast year to /'dbert Park group. .Mr lain Stew- beautify the park: it would have an, and the actor Mr lohn Died- happened irrespective of an event rich. like the Grand Prix being .Most were released on the spot announced." she said. f^'-ly Starj-e-rf at /^(berf- p^t^k THURSDAY 1 DECEMBER 1994 THE AGE -3 •H Poiicing must roi tactics under lire, Victoria PoUce send 70 officers to a protest m remain open to CD -P to public scrutiny 0) -P o it wrong' in gay club raid Commeni GERARD RYLE ^ Picture: JOHN WOUDSTRA Thr priiuiplo lhat the Vktoiiii •H § J-l cis LPv •P CQ (1) •< P' 0) O •H cn p-l CTv O FM W ^ -•aJ 6 (U O o Demonstrators try to stop a truck enterm, the Grand Prix construction site at Albert Park yesterday. o •c) J-l Q) b' S Police arrest 54 Grand Prix protesters in crackdown T:) Q) cy of the parkland and had the large number of police By DUGALD JELLIE the western side of the lake yes- attending the blockade was not a pj revoked the protesters' right to and ANNA KING MURDOCH terday morning. deliberate ploy to adopt strong- cc5 EH be in the area. Police arrested 54 people al Ihe The chief executive of the Mel- arm tactics on demonstrators. About 70 police warned the Grand Prix construction site at bourne Grand Prix Corporation, A protest organiser, Ms lenni in •s protesters, most wearing yeUow Albert Park yesterday in a crack- Ms ludith Griggs, said workmen Chandler, said the large number C\J • — armbands, that further obstruc- down on protesters hindering iiad erected the fence yesterday of arrests would only strengthen cj tion of the site around the for- P the project. in the interests of public safety the resolve of the demonstrators mer HeUas soccer club would X to keep people away from the to slop construction of the rac- Among those arrested were lead to arrests. The protesters •H O construction zone. ing circuit. if." the convenor of the Save Albert refused to move and arrests fol- Ti Q) Tj One of the arrested demon- Park group, Mr lain Stewart, and "I fully respect the right of any lowed. •H ^ strators, Mr lohn Scheffer, from ^ Ms )ulia Hamer, daughter of the people to protest, whether about Each of the arrested protesters (\..A FeNCEPCfF/\m\) Elstemwick, said he was object- 0) H O former Victorian Premier Sir tiie Grand Prix or anything else, will be issued with a summons ing to the State Government's P< H but if people break the law it Is a for being in a cordoned-oll area nuperl Hamer. turning public land to private Pi I « I-